RUNU DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY making this application, under Section 482 Cr. P. C. , the petitioner has put to challenge the sustainability of the First Information Report (in short, "fir"), which has led to registration of Jorhat Police Station Case No. 417/2008, under Sections 471/420 IPC, against the petitioner, as accused.

(2.) I have heard Mr. R. D. Lall, learned counsel for the accused-petitioner, and Mr. K. Munir, learned Additional Public Prosecutor, Assam.

(3.) THE registration of the FIR under Sections 471 and 420 IPC has been challenged on two grounds. The first ground of challenge is this : In the present case, the forgery, if any, was committed in respect of a death certificate, which had been filed in a criminal proceeding in a Court and, hence, the police is not competent to register a case in respect of such a forged document nor is it permissible for the police to carry on investigation on the basis of such FIR, because Section 195 (1) (b) (ii) of the Code of Criminal Procedure (in short, 'the Code') bars a Court from taking cognizance of any offence punishable under Section 471 IPC, when such offence is committed in respect of a document produced or given in evidence in a proceeding in any Court unless the complaint is, in writing, of that Court, where the forgery was committed, or some other Court to which the Court, where the forgery was committed, is subordinate.