Criminal Procedure - Forged Documents - Filing of - Section 215(1)(b) of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Present petition filed by advocates challenging the Reference Court's order directing the District Collector to lodge an FIR and the Assistant Superintendent of Court to file complaints against claimants and advocates for offences related to forged documents in land acquisition references - Whether the Reference Court's directions were vitiated due to lack of opportunity of hearing for the advocates, and whether the directions would result in multiple proceedings for the same offence - Held, the Reference Court formed its opinion based on evidence presented during the trial, not as a finding of guilt, and therefore, there was no statutory requirement to provide an opportunity of hearing before directing a complaint; principles of natural justice are generally not applicable at the stage of reporting a criminal offence as it would frustrate proceedings and defeat justice - The court clarified that the directions to the Assistant Superintendent of Court relate to offences committed on the record of the Court, while the directions to the Collector relate to offences committed outside the Court prior to the presentation of references, and therefore, there would not be multiple proceedings for the same offence - The court found that petitioner nos. 1 and 3 were not practicing advocates when the land acquisition references were originally submitted and could not be held responsible for the presentation of forged documents - Petition partly allowed for petitioner nos. 1 and 3; impugned directions quashed to the extent they apply to them; petition dismissed for petitioner no. 2.
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
Writ Petition No. 1156 of 2026
Decided On: 06.05.2026
Akshay Ravindra Bornare and Ors. Vs. The State of Maharashtra and Ors.
Hon'ble Judges/Coram:
S.G. Chapalgaonkar, J.
