held that while exercising powers under section 482 of
Cr.P.C., Court does not function as Court of the appeal or revision.
It appears ... case under Prohibition and Excise Act and also
under I.P.C . It was held that inherent power should not be
exercised to stifle
Supreme Court gave categories of cases, where Section 482
Cr.P.C. could be exercised. Only if the allegation made in the FIR are taken ... using a forgery
document as genuine document under Section 471 I.P.C.
26. Though it is contended that there is a delay in initiation
punishable under Sections 420 , 447 , 467 , 468 , 120-B of the Indian Penal
Code (for short " IPC "). In the petition filed ... under
section 464 of the Code. If what is executed is not a false
document, there is no forgery. If there is no forgery, then
under Section 464 of the
Code. If what is executed is not a false
document, there is no forgery. If there is no
forgery, then ... Section 471
of the Code rare attracted."
8. It is clear that for attracting offence u/s.468 IPC,
'forgery
order
dated 05-07-2006.
2.1 Copies in terms of Section 207 Cr.P.C. were supplied to the
remaining accused persons.
Charges
3.1 Initially ... under:-
a) against all the accused persons, u/s 120-B IPC , and u/s 120-B read with
sections
against both the accused for having
committed offences punishable under Sections 120B IPC read with Ss.
420/465/466/467/468/471 IPC ... having committed
offences punishable under Sections 420 / 465 / 466 / 467 / 468 / 471 IPC
and against accused Harish Chand Verma (A2) for having
Undoubtedly, "Government Stamp" has not been expressly
defined in Indian Penal Code but fact remains that as per the wordings
appearing in Section ... that he had committed an offence under s. 193 of the Indian Penal
Code, 1860 by giving false evidence in certain proceedings before the
Income
having
issued the said FDRs either in his statement under section
313 Cr.PC or in his defence evidence.
66. Even prima facie it would ... under Section
464 of the Code. If what is executed is not a false
document, ther is no forgery. If there is no forgery, then
offences punishable under sections 120B read with Section
420 / 468 / 471 IPC and under Section ... conspiracy. The criminal conspiracy is an independent offence
in Indian Penal Code . The unlawful agreement is sine qua non for
constituting offence under Indian Penal
appreciated the facts that
no offence under Sec. 467 / 468 IPC read with section 120B IPC is
not made out against ... will.
12. It is further contended that no offence under Section
471 IPC is made out as the alleged forged documents
