Supreme Court of India · 2005-03-11
IQBAL SINGH MARWAH vs MEENAKSHI MARWAH
- Citation / case number
- SC 2000/17507
- Court
- Supreme Court of India
- Petitioner
- IQBAL SINGH MARWAH
- Respondent
- MEENAKSHI MARWAH
- Author
- R.C.LAHOTI,B.N.AGRAWAL,H.K.SEMA,G.P.MATHUR
- Bench
- CJI R.C.LAHOTI,B.N.AGRAWAL,H.K.SEMA,G.P.MATHUR
Judgment text excerpt
The Supreme Court addressed the conflict between two prior decisions regarding the interpretation of Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973. The Court held that the bar under Section 195(1)(b)(ii) applies only when the forgery occurs after the document is produced in court, thus allowing the prosecution for forgery to proceed. The Court ultimately set aside the order of the Sessions Judge and reinstated the dismissal of the complaint by the Metropolitan Magistrate, affirming the legal principle that the timing of the alleged forgery is crucial in determining the applicability of Section 195(1)(b)(ii).