Forged Documents
Penal Code (XLV of 1860)
Sections 420/467/468/471
Code of Criminal Procedure (V of 1898)
Section 195(1)(c)
Since the alleged forged document has been filed in the civil Court which is the subject matter of a suit for Specific Performance of Contract, it is for the concerned civil Court to lodge any complaint before the criminal Court if it finds the forgery relating to the said document. But since the instant proceeding in GR Case No. 190 of 2000 under sections 420/467/468/471 has been initiated on private complaint the same can- not continue in view of the provision of section 195 (1) (c) [59 DLR (2007) 683]
Defence Material
A defence material could be turned into a part of prosecution material if it is admitted by the prosecution in any manner or a bridge could be shown to have been established in between the materials, either on the admitted facts or in any other manner. Since the alleged Bainapatra admittedly is in the seisin of a civil Court, which fact has also been admitted in the affidavit-in-opposition submitted by the complainant opposite party No. 2 in the proceeding, the plaint submitted in the Other Class Suit No. 49 of 1998 has become a part of the prosecution material of the Kotwali Police Station Case No. 29(3)2000 and, as such, the court is entitled to look into it for coming to a finding as to the legality and propriety of the proceeding. [59 DLR (2007) 686]
Code of Criminal Procedure (V of 1898)
Section 195(1)(c)
In the case of Md Tokumuddin Par vs State reported in 4 BLT(AD) 84 their Lordships in the Appellate Division on the self-same question held as under;
"section 195(1)(c) of the Code of Criminal Procedure provides that in case where the alleged forged deeds have been produced or given in evidence in any Court the institution of the Criminal case is barred on the basis of private complaint." [59 DLR (2007) 686]
Code of Criminal Procedure (V of 1898)
Section 195(1)(c)
In that case Nur Ahmed vs Kalimuddin reported in 1987 BCR (AD) 152 their Lordship in the Appellate Division while deciding the question held as under;
"Clause (c) of section 195(1) of the Code of Criminal Procedure will apply to offences under sections 467 and 468 of the Penal Code as these are both offences described in section 463 of the said Code." [59 DLR (2007) 686]
Sections 467 and 468 of the Penal Code are covered by the Provision of section 195(1)(c) of the Code of Criminal Procedure to attract the restriction as provided by the said section. [59 DLR (2007) 686]
The provisions of sections 415 and 420 of the Penal Code are also closely related to section 468 of the Penal Code. As we have already held, that the provisions of sections 467/468/ and 420 of the Penal Code are closely related to section 463 of the Penal Code, we also hold that the scheme and object of section 195(1)(c) of the Code of Criminal Procedure indicates that those sections are also covered under the said Provision, if the same are alleged to have been committed along with the commission of offence under section 463 of the Penal Code. [59 DLR (2007) 688]
In the case of Mrs Shahar Banoo Ziwar Sultan Beyed vs Mrs Wahida Khatoon and another reported in 1996 BLT (AD) 154, his Lordship Mr Justice ATM Afzal, as his Lordship was then, on the similar question held unambiguously in the following terms:
"Quashment of proceeding under sections 420/471/109 of the Penal Code pending in the court of a Magistrate, .1st Class, where police upon investigation submitted charge sheet under the aforesaid sections against the respondent No. 1 and others. The High Court Division held that since the offence relates to forgery of a document which has been given in evidence in the civil Court, cognisance of the offences alleged could not be taken except on the complaint of that Court under section 195(IXC) of the Code of Criminal Procedure and accordingly, quashed the proceeding: petition is dismissed." [59 DLR (2007) 688]