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"23. In view of the language used in Section
340 CrPC the court is not bound to make a
complaint regarding commission of an
offence referred to in Section 195(1)(b), as
the section is conditioned by the words
"court is of opinion that it is expedient in
I.A. Nos. 1588 of 2024 & 80 of 2025
the interests of justice". This shows that
such a course will be adopted only if the
interest of justice requires and not in every
case. Before filing of the complaint, the court
may hold a preliminary enquiry and record a
finding to the effect that it is expedient in the
interests of justice that enquiry should be made
into any of the offences referred to in Section
195(1)(b). This expediency will normally be
judged by the court by weighing not the
magnitude of injury suffered by the person
affected by such forgery or forged
document, but having regard to the effect or
impact, such commission of offence has
upon administration of justice. It is possible
that such forged document or forgery may
cause a very serious or substantial injury to a
person in the sense that it may deprive him of a
very valuable property or status or the like, but
such document may be just a piece of evidence
produced or given in evidence in court, where
voluminous evidence may have been adduced
and the effect of such piece of evidence on the
broad concept of administration of justice may
be minimal. In such circumstances, the court
may not consider it expedient in the interest of
justice to make a complaint. The broad view of
clause (b)(ii), as canvassed by learned counsel
for the appellants, would render the victim of
such forgery or forged document remediless.
Any interpretation which leads to a situation
where a victim of a crime is rendered
remediless, has to be discarded."