Madhya Pradesh High Court
Rajesh Tiwari vs The State Of Madhya Pradesh on 19 October, 2023
Author: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 19 th OF OCTOBER, 2023
MISC. CRIMINAL CASE No. 45994 of 2023
BETWEEN:-
RAJESH TIWARI S/O LATE KUNDANLAL TIWARI, AGED
ABOUT 49 YEARS, OCCUPATION: LABOUR
JAITPURKALA POLICE STATION LAKHANVADA
DISTRICT SEONI (MADHYA PRADESH)
.....APPLICANT
(BY DR. ANNUVAD SHRIVASTAVA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION LAKHANVADA DISTRICT SEONI
(MADHYA PRADESH)
2. THE NAIB TEHSILDAR SEONI PART 1 TEHSIL AND
DISTRICT SEONI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD CHOUBEY, GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Petitioner has filed this petition under section 482 CrPC for quashing of
FIR registered at Crime No.254/2023 by Police Station Lakhanvada, District
Seoni for offences under sections 420, 465, 466, 468 and 471 of IPC.
2. Learned counsel for the petitioner submitted that according to
prosecution story petitioner is the father of a girl and he applied in court of
Tehsildar for getting birth certificate. As per allegation, petitioner gave false
Signature Not Verified
Signed by: MONSI
MANNAKUNNIL SIMON
Signing time: 20-10-2023
16:48:31
affidavit and gave wrong date of birth to Tehsildar for making the birth
certificate. Believing affidavit and version of petitioner, date of birth certificate
was prepared. Later on, on enquiry it was found that affidavit given by
petitioner was false. The date of birth of prosecutrix was 14.9.2004 but on
basis of false information given by petitioner, another date of birth certificate
was prepared in which date of birth was mentioned as 14.9.2005.
3. It is submitted that even if prosecution version is taken to be true then
also no offence under sections 420, 465, 466, 468 and 471 of IPC is made out.
It is submitted that, at best, there can be a case of perjury against the petitioner
but not of forgery. Procedure required to be followed for registering a case
against the petitioner in case of giving false evidence has not been followed.
Said provision is mandatory in nature. In these circumstances respondent had
committed an error of law in registering a case under sections 420, 465, 466,
468 and 471 of IPC against the petitioner.
4. Learned Govt. Advocate supported the action taken by police of
Police Station Lakhanvada, District Seoni in which offences under sections 420,
465, 466, 468 and 471 of IPC has been registered. It is submitted that petitioner
has given false information before the court. In these circumstances offences
as alleged is made out against the petitioner.
5. Heard the learned counsel for the parties.
6. Sections 420, 463, 465, 466, 468 and 471 of IPC is quoted as under:-
"420. Cheating and dishonestly inducing delivery of property.
--Whoever cheats and thereby dishonestly induces the person deceived
to deliver any property to any person, or to make, alter or destroy the
whole or any part of a valuable security, or anything which is signed or
sealed, and which is capable of being converted into a valuable security,
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Signed by: MONSI
MANNAKUNNIL SIMON
Signing time: 20-10-2023
16:48:31
shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
463. Forgery.-- [Whoever makes any false documents or false
electronic record or part of a document or electronic record, with intent to
cause damage or injury], to the public or to any person, or to support any
claim or title, or to cause any person to part with property, or to enter into
any express or implied contract, or with intent to commit fraud or that
fraud may be committed, commits forgery.
465. Punishment for forgery.--Whoever commits forgery shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
466. Forgery of record of Court or of public register, etc .--
[Whoever forges a document or an electronic record], purporting to be a
record or proceeding of or in a Court of Justice, or a register of birth,
baptism, marriage or burial, or a register kept by a public servant as such,
or a certificate or document purporting to be made by a public servant in
his official capacity, or an authority to institute or defend a suit, or to take
any proceedings therein, or to confess judgment, or a power of attorney,
shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
4 6 8 . Forgery for purpose of cheating.--Whoever commits
forgery, intending that the [document or electronic record forged] shall be
used for the purpose of cheating, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall
also be liable to fine.
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Signed by: MONSI
MANNAKUNNIL SIMON
Signing time: 20-10-2023
16:48:31
4 7 1 . Using as genuine a forged [document or electronic
record].--Whoever fraudulently or dishonestly uses as genuine any
[document or electronic record] which he knows or has reason to believe
to be a forged [document or electronic record], shall be punished in the
same manner as if he had forged such [document or electronic record]."
7. On going through said sections it is found that petitioner has given
false information before the public authority and not before the court. Giving
false information before public authority will be covered under section 193 IPC
and procedure as prescribed in Section 195 CrPC is to be followed. Officer
ought to have filed complaint as prescribed in Section 2(d) of CrPC. Said
procedure has not been followed. On examining it is found found that there was
no delivery of property on basis of inducement or of false evidence.
8. Date of birth certificate issued to petitioner cannot be said to be a
property or valuable security. Further offence under section 465 of IPC is also
not made out as there is no forgery. Petitioner has not made any false
document or electronic record. He has given false evidence before the public
officer and that will not be covered within definition of forgery. Further offence
under section 466 of IPC will also not be made out against the petitioner
because document has not been forged by petitioner. Similarly, offence under
sections 468 and 471 of IPC is also not made out against the petitioner as
document in question has not been used anywhere.
9. Considering the aforesaid facts and circumstances of the case, since
mandatory provision prescribed under section 195 CrPC, has not been
followed and Revenue Officer ought to have filed complaint in accordance with
law against the petitioner for giving false evidence and, therefore, no offence
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Signed by: MONSI
MANNAKUNNIL SIMON
Signing time: 20-10-2023
16:48:31
under sections 420, 465, 466, 468 and 471 of IPC is made out.
10. In these circumstances FIR registered at Crime No.254/2023 by
Police Station Lakhanvada, District Seoni for offences under sections 420, 465,
466, 468 and 471 of IPC is quashed.
11. Revenue authorities are at liberty to file complaint, if they so desire, in
accordance with Section 195 CrPC, for giving false evidence before public
officer.
12. With the aforesaid direction, this petition is disposed off.
(VISHAL DHAGAT)
JUDGE
mms
Signature Not Verified
Signed by: MONSI
MANNAKUNNIL SIMON
Signing time: 20-10-2023
16:48:31
