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Abdul Khadar and ors. Vs. Meera Saheb - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad224
AppellantAbdul Khadar and ors.
RespondentMeera Saheb
Cases ReferredZamindar of Sivagiri v. The Queen I.L.R.
Excerpt:
criminal procedure code, sections 195, 435, 478. - forged documents filed in court--prosecution ordered by court. - .....to go beyond the record--zamindar of sivagiri v. the queen i.l.r. 6 mad. 294. we have no doubt as to the power of the high court to interfere on revision.5. the proceedings of the district munsif must be set aside and the presen t prosecution dropped.
Judgment:

1. The District Munsif purports to be acting under Section 478, Criminal Procedure Code. The words 'any such offence' relate to offences referred to in Section 195, and such of those offences as fall under Sections 403 and 471, Indian Penal Code, must have been committed by a party to any proceeding in any Court in respect of 'a document given in evidence in such proceeding.'

2. In the present case a decree against defendants Nos. 2, 3 and 5 has been passed upon the oath of the plaintiffs. The suit as against fourth defendant is still undisposed of, and the documents, alleged to be forgeries have been put into Court, but are not yet given in evidence, inasmuch as the suit had not been tried.

3. It is not competent to the Court to go beyond the record--Zamindar of Sivagiri v. The Queen I.L.R. 6 Mad. 29

4. We have no doubt as to the power of the High Court to interfere on revision.

5. The proceedings of the District Munsif must be set aside and the presen t prosecution dropped.


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