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Showing contexts for: Forgery of document in Bhanwar Singh & Anr vs State Of Rajasthan on 5 December, 1967Matching Fragments
The view of the various High Courts, to which we will refer presently, and with which view we agree, is that no sanction is necessary, under s. 196A(2) Cr.P.C., when the object of the conspiracy is to commit the offence of cheating (420 IPC), but, forgery of documents (467 IPC) and similar non- cognizable offences are also committed, as merely steps taken, by one or other of the accused, for the purpose of effecting the main object of the conspiracy. A trial, under such circumstances, for offences under s. 120B, read with s. 467/471 and 420 IPC., without obtaining sanction, is neither illegal, nor void.
The object of the conspiracy has to be determined, not only by reference to the sections of the penal enactment, referred to in the charge, but on a reading of the charges themselves. On a perusal of the charges, framed against the appellants, we are satisfied that the only object of the conspiracy was to cheat the banks or the post offices, referred to in the charges, which is an offence under S. 420, read with s. 120B, IPC, for which no sanction is necessary. No doubt there are also charges of committing forgery Of valuable security and using such forged documents, which are ,offences under ss.. 467 and 471 IPC, and non-cognizable. But a reading of the charges, as a whole, makes it clear that it is not the case of the prosecution that committing forgery of the Indian and British postal orders or the cheques, or using such forged documents, was the object of the conspiracy. The accused would not he satisfied by merely entering into a conspiracy to forge the postal orders or the cheques, or even to use such forged documents. The forging of the documents and using such forged documents, were only means adopted by the accused for realising the object, of the conspiracy, which was to cheat -the postal and bank authorities, at the places mentioned in the charge, by dishonestly inducing them to part with money. Therefore the trial of these accused, for offences under ss. 120B read with S. 467/ 471 and 420 IPC., and other allied offences, cannot be held to be illegal, on the ground that sanction under S. 196A(2) of the Code, had not been obtained.