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Santi Lal and anr. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1919All79(1); 53Ind.Cas.702
AppellantSanti Lal and anr.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 195 - certificate, forged, submitted to collector--sanction to prosecute, whether necessary. - .....collector to be appointed patwari in place of a former patwari who had died. he attached to that application a certificate of the 'upper primary class' which was dated the 16th of may 1917. in that his age appears 15 years and 9 months. a complaint was lodged in the court of the committing magistrate by one of the zemindars of the village charging the accused with fabricating this document or at any rate using it knowing it to be fabricated. the court below has found that a prima facie case has been made out against the accused and has committed him to the court of session. two grounds are taken in revision against this commitment. first of all, it is said that sanction under section 195 of the criminal procedure code is a condition necessarily precedent to the institution of the case......
Judgment:

Ryves, J.

1. This is an application in revision asking this Court to quash a commitment to the Court of Session under Section 456 of the Indian Penal Code. It appears that the applicant applied to the Collector to be appointed patwari in place of a former patwari who had died. He attached to that application a certificate of the 'upper primary class' which was dated the 16th of May 1917. In that his age appears 15 years and 9 months. A complaint was lodged in the Court of the Committing Magistrate by one of the Zemindars of the village charging the accused with fabricating this document or at any rate using it knowing it to be fabricated. The Court below has found that a prima facie case has been made out against the accused and has committed him to the Court of Session. Two grounds are taken in revision against this commitment. First of all, it is said that sanction under Section 195 of the Criminal Procedure Code is a condition necessarily precedent to the institution of the case. It seems to me Section 195 has nothing whatever to do with the present case. The application was made to the Collector under Chapter III of the Land Revenue Act. I think it was made in his administrative capacity entirely and that he was not acting in any way as a Court.

2. The next ground taken is that the certificate was not used dishonestly and could not in any case mislead the Collector. The object of putting in the certificate, it is quite obvious, was to induce the Collector to believe the statement that the applicant was a major, that is, 18 years of age. The certificate, even as altered, does not show that the applicant had reached the age of 18. It only made him 17 years and some months of age. Farther it has been said that the Collector has come to the conclusion that the applicant was in fact 18 years of age and, therefore, this document, even if altered, could not possibly deceive him. It seems to me that these are matters which may be considered at the trial, but I do not think that they would justify me at this stage in quashing the commitment. If the document was a forged document and if the forgery was intended to make out the applicant's age was approximately 18 years, then the intention of the applicant seems to be quite dear. I will not interfere.


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