Har Gobind And Others v. State Of Haryana

Har Gobind And Others v. State Of Haryana

(Supreme Court Of India)

Criminal Appeal No. 19 Of 1973 | 26-04-1979

Fazal Ali, J.

This appeal must succeed on a short point. By the order impugned the Additional District Judge filed a complaint under Section 467/109 against the two appellants. It appears that in a suit filed by the plaintiff basing his claim on a will executed by the testator the appellants are alleged to have been attesting witnesses and taken part in the execution of the will. The trial Court of the Sub-Judge as also the Additional District Judge in appeal held that the will was not genuine and was a forged document. In fact, after going through the findings of the judgments in the suit it would appear that all that the courts really found was that the will was executed under suspicious circumstances and not that it was a downright forgery. Even so after issuing notice to the appellants the Court of the Additional District Judge which filed the complaint has not at all given any finding as to the part played by the appellants in the execution of the will. Nor has he clarified as to how the appellants could be prosecuted under Section 467/109. Under the provisions of Section 476 CrPC it was incumbent on the Court filing the complaint to record a clear finding regarding the exact offence which was committed by the appellants. No such finding has been recorded by the District Judge. In absence of such a finding the order filing the complaint cannot be supported in law. For these reasons the appeal is allowed and the order of the Additional District Judge is set aside and the complaint filed by the District Judge is hereby quashed.

Advocate List
Bench
  • HON'BLE JUSTICE SYED M. FAZAL ALI
  • HON'BLE JUSTICE P. S. KAILASAM
Eq Citations
  • 1979 CRILJ 1334
  • (1979) 4 SCC 482
  • (1980) SCC CRI 98
  • AIR 1979 SC 1760
  • 1979 (11) UJ 661
  • LQ/SC/1979/252
Head Note

A. Penal Code, 1860 — Ss. 467 and 476 — Will executed under suspicious circumstances — Complaint filed against appellants for offence of forgery under S. 467 — Held, it was incumbent on Court filing complaint to record a clear finding regarding exact offence which was committed by appellants — No such finding recorded by District Judge — Hence, order filing complaint set aside and complaint quashed (Paras 1 and 2)