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Showing contexts for: Forgery of document in Modnath Vaidhyanath Mishra vs State Of Gujarat & on 5 May, 2017Matching Fragments
As per the settled position of law, rival version in respect of same incident do take different shapes and in that event, lodgment of two FIRs is permissible. Counter FIR in respect of same or connected incident is permissible. Merely because the complainant lodged FIR against certain persons alleging fabrication of document and forgery, that would not debar other aggrieved persons from subsequently seeking Magistrate's direction under Sec. 156(#) for registration of FIR against some others including complainant relating to counter allegations. Subsequent counter FIR registered pursuant to Magistrate's direction u/s.156(3) Hence, not liable to be quashed.
As per the settled position of law, rival version in respect of same incident do take different shapes and in that event, lodgment of two FIRs is permissible. Counter FIR in respect of same or connected incident is permissible. Merely because the complainant lodged FIR against certain persons alleging fabrication of document and forgery, that would not debar other aggrieved persons from HC-NIC Page 13 of 45 Created On Sat May 06 01:23:19 IST 2017 subsequently seeking Magistrate's direction under Sec. 156(#) for registration of FIR against some others including complainant relating to counter allegations. Subsequent counter FIR registered pursuant to Magistrate's direction u/s.156(3) Hence, not liable to be quashed.
25. In the case at hand, the appellants lodged the FIR No. 274 of 2012 against four accused persons alleging that they had prepared fake and fraudulent documents. The second FIR came to be registered on the basis of the direction issued by the learned Additional Chief Judicial Magistrate in exercise of power under Section 156(3) of the Code at the HC-NIC Page 27 of 45 Created On Sat May 06 01:23:19 IST 2017 instance of another person alleging, inter alia, that he was neither present in the meetings nor had he signed any of the resolutions of the meetings and the accused persons, five in number, including the appellant No. 1 herein, had fabricated documents and filed the same before the competent authority. FIR No. 442 of 2012 (which gave rise to Crime No. 491 of 2012) was registered because of an order passed by the learned Magistrate. Be it noted, the complaint was filed by another member of the Governing Body of the Society and the allegation was that the accused persons, twelve in number, had entered into a conspiracy and prepared forged documents relating to the meetings held on different dates. There was allegation of fabrication of the signatures of the members and filing of forged documents before the Registrar of Societies with the common intention to grab the property/funds of the Society. If the involvement of the number of accused persons and the nature of the allegations are scrutinized, it becomes crystal clear that every FIR has a different spectrum. The allegations made are distinct and separate. It may be regarded as a counter complaint and cannot be stated that an effort has been made to improve the allegations that find place in the first FIR. It is wellnigh impossible to say that the principle of sameness gets attracted. We are inclined to think so, for if the said principle is made applicable to the case at hand and the investigation is scuttled by quashing the FIRs, the complainants in the other two FIRs would be deprived of justice. The appellants have lodged the FIR making the allegations against certain persons, but that does not debar the other aggrieved persons to move the court for direction of registration of an FIR as there have been other accused persons including the complainant in the first FIR involved in the forgery and fabrication of documents and getting benefits from the statutory authority. In the ultimate eventuate, how the trial would commence and be concluded is up to the concerned court. The appellants or any of the other complainants or the accused persons may move the appropriate court for a trial in one court. That is another aspect altogether. But to say that it is a second FIR relating to the same cause of action and the same incident and there is sameness of occurrence and an attempt has been made to improvise the case is not correct. Hence, we conclude and hold that the submission that the FIR lodged by the fourth respondent is a second FIR and is, therefore, liable to be quashed, does not merit acceptance.