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7. In the charge sheet, the Applicant is accused of offences covered under the following sections of the IPC: Section 468, 469, 471, 194, 211, 218 and 120B. It is submitted that to be convicted under Sections 468, 469 or 471, it is essential that the accused should have committed forgery as defined under Section 463.

(a) Section 463 of the IPC reads as under:

"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." (emphasis supplied) R/CR.MA/14435/2022 CAV JUDGMENT DATED: 01/07/2023 To accuse a person of forgery, there has to be an intention to cause damage or injury to public or any person or to support any claim with intent to commit fraud, etc., but it is essential that such person has to make a false document. Unless he makes a false document, it cannot be alleged that he has committed any forgery even if he has intent to cause damage or injury to public or any person.
(i) In respect of Gulberg case, those whose statements have been recorded by the present SIT, are those who have not filed any affidavit in the Transfer Petition before the Supreme Court in 2003. Therefore, there cannot be any allegation of forgery or making false document in respect of the same. (Refer charge sheet, Pg.838-888 and 326-445 and in Applicant's List of Documents at Item No.17-
(3) Applicant also submitted charge-sheet against all the accused.
(4) Applicant has also submitted different orders from Page-453 to Page No. 865.
(5) Applicant has also relied upon certain judgments on the issue of bail.
(6) After placing reliance on above referred material applicant had submitted that she cannot be consider to be maker of false document as R/CR.MA/14435/2022 CAV JUDGMENT DATED: 01/07/2023 alleged false document which are in the nature of affidavits submitted by different persons in transfer proceedings initiated before the Hon'ble Supreme Court are not affirmed by her and therefore, if at all any wrong is committed, applicant has not committed one. Applicant had also challenged the applicability of Section-463, 464, 468 and 471 as not only that no wrong is committed by her but there is also no case against her, about applicant's involvement in any act of forgery and as a matter of fact, there is no act of forgery either. Applicant has also relied upon definitions of dishonestly, fraudulently etc as defined in Indian Penal Code to substantiate the submissions that there is no act of making of false documents, forgery etc. Applicant also submitted that as investigator has applied Section-194, 463 and few other Sections of Indian Penal Code alleging about an act of forgery as well as giving or fabricating false documents etc, there is requirement of adhering to provisions of Section 195 of the Code of Criminal Procedure Code.

22. On the basis of above referred material it is submitted that there is more than prima facie case against applicant and other accused showing their involvement in the commission of offence as narrated in the charge-sheet namely about making of false document, forgery, fabricating, false evidence, etc. Applicant is challenging this material on the strength of witness relied upon by investigator having not revealed these facts never before which they stated in R/CR.MA/14435/2022 CAV JUDGMENT DATED: 01/07/2023 the present investigation and therefore according to applicant, witnesses versions are full of contradiction, omissions, etc.