Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

In Re: Gopal Sidheshvar

Type Court Judgment Court Mumbai Decided Apr 12, 1907
~1 min read
https://sooperkanoon.com/case/335888

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Mumbai
Judge
Decided On
Case Number
Criminal Application for Revision No. 46 of 1907
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code (Act V of 1898), Section 195 (c)-'Produced or given inevidence '-Interpretation-Sanction-Indian Penal Code (Act XLV of 1860), Section 471, 477.;Section 195 (c) of the Criminal Procedure Code 1898, applies to a document which is alleged to have been forged and which is produced in a Court of J...

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Gopal Sidheshvar

Legal References

Reported In
(1907)9BOMLR735

Excerpt

criminal procedure code (act v of 1898), section 195 (c)-'produced or given inevidence '-interpretation-sanction-indian penal code (act xlv of 1860), section 471, 477.;section 195 (c) of the criminal procedure code 1898, applies to a document which is alleged to have been forged and which is produced in a court of justice. under the section, the 'production' of a document in a court is not the same thing as giving it in evidence.' a document produced in a court means one which is produced for the purpose of being tendered in evidence or for some other purpose. - curiam, j.1. it appears that the petitioner is being tried before mr. artal for the offences described in section 466 (forgery) and 471 of the indian penal code. the magistrate has allowed the petitioner's point that sanction is necessary as to the latter but he holds that it is not for the former. we are asked in revision to revise the latter order of the magistrate. the document which the petitioner is alleged to have forged having been produced in a court of justice, clause (c) of section 195 of the criminal procedure code, must apply to it. we cannot accept the construction put upon the clause by the magistrate who thinks that the 'production' of a document in a court is the same thing as ' giving it in evidence'. they are not. a document produced in a court means one which is produced for the purpose of being tendered in evidence or for some other purpose. sanction was, therefore, necessary for the purposes of the complaint of the offence under section 466. accordingly we quash the magistrate's proceedings in the matter of the complaint under section 466. this order will not preclude fresh proceedings being instituted after sanction has been obtained.

Full Judgment

Curiam, J.

1. It appears that the petitioner is being tried before Mr. Artal for the offences described in Section 466 (forgery) and 471 of the Indian Penal Code. The Magistrate has allowed the petitioner's point that sanction is necessary as to the latter but he holds that it is not for the former. We are asked in revision to revise the latter order of the Magistrate. The document which the petitioner is alleged to have forged having been produced in a Court of justice, Clause (c) of Section 195 of the Criminal Procedure Code, must apply to it. We cannot accept the construction put upon the clause by the Magistrate who thinks that the 'production' of a document in a Court is the same thing as ' giving it in evidence'. They are not. A document produced in a Court means one which is produced for the purpose of being tendered in evidence or for some other purpose. Sanction was, therefore, necessary for the purposes of the complaint of the offence under Section 466. Accordingly we quash the Magistrate's proceedings in the matter of the complaint under Section 466. This order will not preclude fresh proceedings being instituted after sanction has been obtained.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial