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1 - 10 of 12 (0.71 seconds)Section 471 in The Indian Penal Code, 1860 [Entire Act]
Section 467 in The Indian Penal Code, 1860 [Entire Act]
Section 468 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
The Prevention of Corruption Act, 1988
P. Dharamaraj vs Shanmugam on 8 September, 2022
17. On the basis of a written complaint submitted by one Prashanta
Karmakar opposite party No.2 herein Bidhannagar P.S Case No.76 of
2021 was registered under Sections 420/467/468/471/120B of the IPC
against the FIR named accused persons. Up to date investigation reveals
that the accused not only forged a will allegedly executed by one Hemanta
Kr. Karmakar but he also used the said will as genuine before the
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concerned authorities of the Government and also before this Court in
testamentary and intestate jurisdiction to obtain probate of such forged
will. After the written complaint being lodged by the defacto complainant,
he and his brother was gained over by the accused and they had sworn
affidavits before this Court in PLA 9 of 2017 declaring the will in question
as a genuine will. In his affidavit the defacto complainant had shown that
the said will was executed by his father in his presence. Surprisingly
enough, the defacto complainant was not even an attesting witness of the
said will though as per his affidavit filed before this Court he was present
at the time of execution of the will by the testator. The act and conduct of
not only the FIR named accused but also the defacto complainant and his
brother have widest ramification because they do not even induce the
Government Departments to record the property in question in the name
of the petitioner, but also committed forgery upon this Court. The offence
committed by not only the petitioners but subsequently colluded by the
defacto complainant and his brother shows that the gravity of the offence,
its impact upon not only the society but also upon the fundamental
institutions and culpable mental state of mind of the accused persons do
not inspire me to quash the criminal proceeding on the basis of joint
compromise petition or in exercise of the power under Section 482 of the
Code of Criminal Procedure.
Parbatbhai Aahir @ Parbatbhai ... vs The State Of Gujarat on 4 October, 2017
In Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Ors.
vs. State of Gujarat & Anr. reported in (2017) 9 SCC 641, a three
Judges Bench of the Hon'ble Supreme Court has summarized the broad
principles on the question of quashment of criminal proceeding.
Paragraphs 16.6 and 16.8-16.10 of the aforesaid decisions are relevant
and therefore, reproduced below:-
C.B.I vs Jagjit Singh on 1 October, 2013
In CBI vs. Jagjit Singh reported in (2013) 10 SCC 686, the
Hon'ble Supreme Court held as hereunder:-