sine qua non in criminal justice system. But at the same time, the Code of
Criminal Procedure is designed to further ends of justice ... Sections 462 to 464 speak about the
specific irregularities which would vitiate the proceedings and whereas Section
465 Cr.P.C., is a residuary provision
year 1990-91.
11. It has been further submitted that Code of Criminal Procedure defines how a Court should exercise its power in such ... however were tried jointly in violation of such procedure. It has been argued that under Section 464 Cr.P.C. if the Court of appeal
Bench considered the provisions of Section 222 and 464 of the
Code and observed:
" Sub-section (1) of Section 222 lays down that
when ... said section
also make the position clear. However, there is a separate
chapter in the Code of Criminal Procedure , namely,
Chapter XXXV which deals with
document.
10. The expression 'forgery' has been defined in Section 463 IPC which
provides that whoever makes any false document or false electronic ... with intent to commit fraud, is said to have committed
forgery. Section 464 Cr.PC provides the situations where a person is said to have
under Section 156(3) of Code Criminal Procedure filed
at the instance of the petitioner, wherein the offences referred to were under
2
Sections ... offences were committed
sanction would be required under Section 197 of the Code of Criminal
Procedure.
The petitioner being aggrieved approached this Court against
IPC .
10. For clarity, it is necessary to reproduce Section 29 of The IPC ,
which reads as follows :
Section 29 of The IPC : "Document ... Section 463 defines 'forgery' while section 464 defines 'what is
making a false document'.
Section 463 of The
Magistrate, New Delhi for prosecution under sections 192 , 193 , 463 , 464 , 465 , 467 , 469 , 471 , 499 and 500 IPC on the appellants and their mother ... taking cognizance of the offences under sections 192 , 193 , 463 , 464 , 471 , 475 and 476 IPC. The complaint was accordingly dismissed by order dated
order to
emphasis on the scope of section 340 of the Code of Criminal Procedure.
After considering the above judgment referred to by the learned ... Code of Criminal Procedure operated as a bar for taking
cognizance of offences under sections 192 , 193 , 463 , 464
Code of Criminal Procedure(for short „ Cr.P.C .‟) before the learned
3
Magistrate to enquire into and punish the accused under Sections 463 ,
464 ... liable for punishment for the offences under Sections 420 , 464 , 465 , 468
16
and 120-B of I.P.C. The learned Magistrate directed investigation
JUSTICE T.SUNIL CHOWDARY
CRIMINAL PETITION No.8472 of 2011
ORDER:
1 This Criminal Petition is filed under Section 482 of ... under sections 463 , 464 , 465 , 468 , 471 and 420 IPC.
The learned Magistrate referred the complaint to the concerned
police under Section 156(3)
