Madras High Court
Mahomed Abdul Khadir And Ors. vs Meera Sahib Markoyer And Ors. on 15 January, 1892
Equivalent citations: (1892)IIMLJ148
JUDGMENT
1. The District Munsif purports to be acting under Section 478 Criminal Procedure Code. The words "any such offence" relate to offences referred to in Section 195, and such of those offences as fall under Sections 463 and 471 of the Indian Penal Code must have been committed by a party to any proceeding in any court in respect of a document given in evidence in such proceeding.
2. In the present case a decree against defendants 2 to 3 and 5 has been passed upon the oath of the plaintiffs. The suit as against 4th defendant is still undisposed of, and the documents alleged to be forgeries have been put into court but are not yet given in evidence inasmuch as the suit has not been tried.
3. It is not competent to the court to go beyond the record, (Zamindar of Sivagiri v.. The Queen, I. L. R, 6 M, 29).
4. We have no doubt as to the power of the High Court; to interfere on revision. See I.L.R, 7 C, 730*
5. The proceedings of the District Munsif must be set aside and the present prosecution dropped.