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Harbans Singh And Another vs State Of Punjab on 16 October, 1961

The Punjab and Haryana High Court in the case of Harbans Singh (supra), has held that the observations were made after assuming the fact that the provision of Section 195(1)(b)(ii) was applicable which is clear from the fact that the observations start with the word "if". I may add that it would be tautological to say that where the bar of Section 195(1)(b)(i) is attracted prosecution on the basis of the private complaint is not maintainable. The decision of the Supreme Court is not to be read as laying down something which is so obvious. The decision is an authority on the point that although an offence is not specified in Section 195(1)(b)(ii) but if it comes within "description' of the offence of forgery under Section 463, the bar would be applicable. The decision in my opinion, thus is of no avail to the petitioner.
Supreme Court of India Cites 9 - Cited by 207 - K C Gupta - Full Document
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