MADHUKAR ADHAR MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal under Section 341 of the Code of Criminal Procedure.

(2.) BRIEF facts, which are relevant for the decision, are that, the appellant No. 4 filed a claim petition before the Motor Accident Claims Tribunal being MACT Petition No. 174 of 1997. In the said petition, the appellants No. 1 to 3 were shown as witnesses. In the course of recording of evidence, the appellant No. 4 produced various documents including the bills relating to expenditure for treatment as well as purchase of the medicines. However, the appellant No. 4 did not examine the appellant Nos. 1 to 3 as the witnesses. But the Tribunal being suspicious about the documentary evidence produced by the appellant No. 4 conducted enquiry and decided to file a complaint under Sections 193, 209 read with Section 34 and Section 107 of the Indian Penal Code against all the appellants alleging fabrication of documentary evidence to support the claim of the appellant No. 4 for the compensation in the said case. Accordingly, the Tribunal by its order dated 4th March 1999 in the said MACT Petition No. 174 of 1997 arrived at a finding about the necessity of lodging complaint to the Chief Judicial Magistrate Jalgaon under Section 340 of the Code of Criminal Procedure in relation to the alleged offence by the appellants and subsequently lodged the complaint in the Court of the Chief Judicial Magistrate Jalgaon which has been registered as Criminal Case No. 122 of 1999 wherein the appellant Nos. 1 to 3 are arrained as accused Nos. 2 to 4 and the appellant No. 4 has been shown as the appellant No. 1.

(3.) CHAPTER XXVI of the Code of Criminal Procedure deals with the provisions as to offences affecting the administration of justice. Section 340 thereunder deals with the procedure in cases mentioned in section 195 of the Cr. P. C. Accordingly, sub-section (1) thereof provides that upon an application made to it, if the Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of Section 195 of the Code, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary, record a finding to that effect, make a complaint thereof in writing; send it to a Magistrate of the first class having jurisdiction; take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and bind over any person to appear and give evidence before such Magistrate. Section 195 (1) (b) provides that no Court shall take cognizance of any offence punishable under Sections 193 to 196, 199, 200, 205 to 211 and 228 of the Indian Penal Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or of any offence described in section 463, or punishable under section 471, section 475 or section 476 of Indian Penal Code when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or of any criminal conspiracy to commit, or attempt to commit, or the abetment of any offence specified in sub-clause (i) or sub-clause (ii) of the said section of the code except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.