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NC: 2024:KHC:16162 in the Court proceedings and it is not the case of the complainant that the offence was committed in the Court proceedings. Hence, there is no bar to the learned Magistrate to entertain the complaint and hence, the very approach of the Trial Court is erroneous.

20. Having considered the material on record and also the order passed by the learned Magistrate, it is not in dispute that the learned Magistrate has not exercised his jurisdiction by entertaining the complaint and instead, erroneously comes to the conclusion that he is not having jurisdiction to take cognizance based on the private complaint and failed to take note of the allegation made in the complaint in detail while filing the same, wherein specific allegation is made that the forgery of document has taken place outside the Court and not within the Court and only made use of the forged document in the Court proceedings. Hence, the private complaint is maintainable and the Trial Court also lost sight of the factual aspects of the case and therefore, it requires interference of this Court by exercising the revisional powers.

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NC: 2024:KHC:16162 proceeding the bar under Section 195 of the Cr.P.C would come into operation or could a complaint be filed by the aggrieved party before the Police Station alleging the fabrication and forgery of documents or could both actions be taken?

2. Whether in the present case, the complainant would have a locus to file a complaint since, the allegation is that a forgery has occurred in respect of site No.6 whereas the complainant is the owner of site No.4?

3. Whether the withdrawal of the suit in OS No.209/2015 by the petitioner which according to the complainant was cause of action for filing the complaint require this Court to quash the criminal proceedings?

4. What orders?

7. I answer the above points as under.

8. Answer to Point No.1: Whether merely because of an allegedly forged document is used in a Court proceeding the bar under Section 195 of the Cr.P.C would come into operation or could a complaint be filed by the aggrieved party before the Police Station alleging the fabrication and forgery of documents or could both actions be taken?

8.2. The Hon'ble Apex Court in Iqbal Singh Marwah case has come to a conclusion that it is only when a forgery of a document in the custody of Court- i.e., when the document is custodia legis is made that the bar under Section 195 would come into force and it is for the Court to initiate criminal proceedings.

8.3. Insofar as a forgery of a document committed outside the Court but used inside the Court the

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NC: 2024:KHC:16162 Hon'ble Apex Court has come to the conclusion that the bar under Section 195 would not apply.