Law: Criminal Procedure Code (V of 1898)

Section: 195,476,476(1)

Criminal Procedure Code (V of 1898)--- ----Ss. 195, & 476---Commission of forgery during judicial proceedings of case---Proof---Applicants had alleged that affidavit was meant to be sworn by respondent, but signature of her husband had been made on said affidavit---Applicants had gathered impression from said aspect of the case that the purpose of filing of such affidavit was to get undue benefit by misguiding the court---Contention of counsel for respondents was that due to bona fide mistake husband of respondent had put his signature on affidavit, otherwise page No.2 of the said affidavit was clearly indicative of the fact that respondent herself. appeared before competent officer of the court to verify the contents of the said affidavit who recorded his satisfaction that it was actually meant to be sworn by respondent---No indication existed on the record that Commissioner for taking affidavits had acted in connivance with either respondent or her husband for the purpose of certifying false affirmation of contents of said affidavit---Allegation that respondents had committed any forgery during the judicial proceedings of a case before the Trial Court, in circumstances, was not apparent on the face of the record---Trial Court however, had discretion to proceed against the respondents either under S.195, Cr.P.C. or under S.476, Cr.P.C. AIR 1923 Nagpur 258; 1991, PCr.LJ 1879 ; 1994 SCMR 1103; 1984 PCr.LJ 1340 and 1997 PCr.LJ 59 rel. Naila Junaid v. Additional District Judge and 2 others 2005 MLD 834; Khuda Bakhsh v. Muhammad Sharif 1974 SCMR 279; Muhammad Sharif v. Muhammad Afzal Sohail and others PLD 1981 SC 246; Abdul Rehman Bajwa v. Sultan and others PLD 1981 SC 522; Mussadaq's case PLD 1973 Lah. 600; Arif Manzoor Qureshi's case 2003 YLR 249; Nazar Ahmed Chaudhry's case PLD 1987 Lah. 214; Hira Lal Sarda's case AIR 1932 Patna 243; Mian Fazal Ellahi's case PLD 1970 Lah. 383; Abdul Rehman's case PLD 1951 Baghdad-ul-Jadid 85; Lalanand Lal's case AIR 1937 Lah. 867; Ramnandan Prasad Narayan Singh's case Criminal Law Journal Reporter 1921 page 467 equivalent 61 Indian cases 955; Mst. Zohra's case. 1992 MLD 1827; Gangoo Mal's case AIR 1925 Sindh 263; Ghanshamdas…

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