MAKKADAS ALL MAZUMDAR Vs. AFTAB UDDIN BJARBHUIYA

JUDGEMENT

(1.) THE moot question, raised in the present revision, is this : Whether the bar in taking cognizance created by Section 195 (l) (b) (ii) of the Code of Criminal Procedure (in short, 'the Code') applies only when the offence has been committed with respect to a document after the document was already produced or given in evidence in a proceeding in any Court, i. e. , during the time, when the document was in custodia legis, or the bar, so created by law, applies even to a document, which was forged or alleged to be forged before the document was introduced as evidence in any proceeding in a Court.

(2.) BEFORE coming to the merit of the revision, it is appropriate that the material facts giving rise to this revision'are taken note of. The material facts are as under : ' '

(3.) I have heard Mr. N. Choudhury, learned counsel for the accused-petitioners, and Dr. B. Ahmed, learned counsel for the plaintiff-opposite party No. 1. I have also heard Mr. K. Munir, learned Addl. Public prosecutor, Assam, appearing on behalf of the State-Opposite Party No. 2.