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Supreme Court of India 2018-03-06 dismissed

Vishnu Chandru Gaonkar vs N.M. Dessai

Bench: 2 — Ashok Bhushan

In Brief

The appellant challenged a High Court judgment that quashed a Sessions Judge order directing inquiry into allegations of forgery against the respondent (an advocate). The advocate had filed a withdrawal application in an appeal, allegedly affixing the thumb impression of a deceased party to the document. The Supreme Court held that Section 195(1)(b)(ii) Cr.P.C.—which governs prosecutions for forgery of documents produced in court—applies only when the offence is committed after the document enters court proceedings. Since the alleged forgery occurred before the document was produced in court, Section 195(1)(b)(ii) was inapplicable. The Court dismissed the appeal, endorsing the High Court's reasoning.

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Criminal Procedure Contempt of Court Forgery Public Justice Document Evidence

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