RAM KISHUN YADAV Vs. STATE OF U.P

JUDGEMENT

(1.) THIS Criminal Misc. Case under section 482 Criminal Procedure Code ( for short 'Cr.P.C.') has been filed to quash the proceeding of case No. 4934 of 2009, arising out of case crime no. 4234/08, under section 471/467/468/419/420 of Indian Penal Code (for short 'I.P.C.'), P.S. - Kotwali Nagar, Distt. - Faizabad, pending in the court of Chief Judicial Magistrate, Faizabad.

(2.) IN this petition the cognizance taken by the court in pursuance of the police report has been challenged in the light of Section 195 Cr.P.C. on the ground that in this case forgery committed in respect of a document produced in the judicial proceedings. Therefore, cognizance taken by the court on the basis of police report would be void. Learned counsel for the petitioner in support of his contention relied upon the judgment of the Apex Court passed in 2005 (4) SCC, 370, Iqbal Singh Marwah and Another Vs. Meenakshi Marwah and Another.

(3.) IN the light of the submissions raised by the counsels for the parties, the facts of this case required to be scanned.