2013 (1) TMI 940

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....aram for offences punishable under Sections 468 and 471 of the Indian Penal Code, 1860 and the ongoing investigation into the said FIR quashed. 3. The complainant-appellant in this appeal is the General Manager of SNP Ventures Pvt. Ltd. while respondents 2, 3 and 4 were during the relevant period working with M/s Gorden Woodroff Limited (for short 'GWL') as legal advisers/Senior Managers. GWL has, it appears, filed O.S. No.169 of 2008 before the District Court, Chengalpattu seeking a decree for declaration of its title qua 11.75 acres of land situated at Jameen Pallavaram Village, Tambaram in the State of Tamil Nadu. In support of its claim of ownership over the suit property GWL appears to be placing reliance upon two sale deeds one dat....

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....ed in their entirety did not prima facie constitute an offence or make out a case against the respondents herein. Secondly, the High Court held that no Court could, in view of the bar contained in Section 195 Cr.P.C., take cognizance of offences in question except on a complaint in writing made by the court or the public servant concerned. The present appeal assails the correctness of the said order passed, as already noticed above. 5. Appearing for the appellant, Mr. K.K. Venugopal, learned senior counsel, argued that the High Court had fallen in a palpable error in interfering with the ongoing investigation. The complaint filed by the appellant, argued the learned counsel, made specific allegations against the respondents which could n....

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....ding civil suit it would be an unnecessary and avoidable harassment for the respondents if the investigation is allowed to proceed even before the Civil Court records a finding regarding the genuineness of the sale deeds. 7. The legal position regarding the exercise of powers under Section 482 Cr.P.C. or under Article 226 of the Constitution of India by the High Court in relation to pending criminal proceedings including FIRs under investigation is fairly well settled by a long line of decisions of this Court. Suffice it to say that in cases where the complaint lodged by the complainant whether before a Court or before the jurisdictional police station makes out the commission of an offence, the High Court would not in the ordinary cours....

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....t been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard and fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage. It would not be proper for the High Court to analyse the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premises, arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with. In pr....

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....of GWL Properties with dishonest motive of grabbing our lands having indulged in committing forgery and fabrication of documents and with the aid of the forged documents are constantly attempting to criminally trespass into our lawful possessed lands and have been threatening and intimidating the staffs of our company in an illegal manner endangering life and damaging the land. The representatives of GWL properties also have been making false statements to the Government Revenue Authorities by producing these forged and fabricated documents with dishonest intention to enter their name in the Government Records. The present Director-in-charge and responsible for the affairs of the GWL Properties Limited is Mrs. V.M. Chhabria and all the abov....

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.... the time the same was in custodia legis. This Court while taking that view approved the ratio of an earlier decision in Sachida Nand Singh & Anr. v. State of Bihar & Anr. (1998) 2 SCC 493 where this Court held: "12. It would be a strained thinking that any offence involving forgery of a document if committed far outside the precincts of the Court and long before its production in the Court, could also be treated as one affecting administration of justice merely because that document later reached the court records. xx xx xx xx 23. The sequitur of the above discussion is that the bar contained in Section 195(1)(b)(ii)  of the Code is not applicable to a case where forgery of the document was committed before the document was p....