ARUP CHETIA Vs. SUNIL GOGOI

JUDGEMENT

(1.) This is a criminal petition, filed under Section 482 read with Section 401 of the Cr.PC, praying for quashing and setting aside the order, dated 15.12.2016, passed by the learned Judicial Magistrate, 1st Class, Dibrugarh, in CR Case No. 46/2015, taking cognizance of offence under Sections 177/468/471 of the IPC against the accusedpetitioner.

(2.) The fact leading to the complaint case, being CR Case No. 46/2015, is as follows :

(3.) Learned counsel for the petitioner has submitted that even if the valuation certificate issued is presumed to be false, then also, it was issued by the competent authority. He has further submitted that the allegation of forgery of the valuation certificate using the same as genuine by the present petitioner is not made out to attract the offences under Sections 468/471 IPC. He has referred to the ingredients of the aforesaid provisions of law and submitted that in the face of the complaint petition itself the ingredients of such offences are totally absent; therefore, the cognizance, under the said provisions of law could not have been taken by the learned trial court. He has also submitted in respect of the offence under Section 177 IPC, cognizance of which offence has also been taken by the learned trial Court, that there is bar to take cognizance under the said section of law in view of the provisions of Section 195 of the Cr.PC.