Hardeo Prasad v. Ram Sarup

1. This is an application in revision challenging the order of the learned District Judge of Moradabad setting aside the sanction for prosecution granted by the Munsif. It appears that Ram Sarup, the opposite party, sued the applicant on the basis of a bond. The bond was denied and the claim of Ram Sirup was dismissed. On appeal the decree of the first Court was affirmed, and the Appellate Court said that Ram Sarup had obviously utilised an old stamp in fabricating the bond on behalf of the Applicant. The latter then filed an application in the Court of Munsif for the grant of sanction to prosecute Ram Sarup under Section 467, Indian Penal Code.

2. The application was granted. On appeal the learned District Judge set aside the sanction, on the ground that the offence under Section 467, Indian Penal Code, was not included in Section 195 of the Cr PC. The learned Judge, it seems, overlooked the opening sentence of clause (c) of Section 195 of the Cr PC. The sentenoe is “of any offence described in Section 463”. Now an offence punishable under Section 467, Indian Penal Code, is defined in Section 463, Indian Penal Code. It is, therefore, necessary for a party wishing to prosecute upon a charge of forgery to obtain sanction under Section 195 of the Cr PC. The order of the learned Judge is set aside and that of the Munsif is restored. Costs are allowed to the applicant.

3. Order of first Court restored.