Fabrication of Document is a serious offence even there is no revenue loss

Dated 5.2.2022 SC

Andhra Pradesh High Court's order dated November 9, 2011 said that fabrication of documents was permissible if it did not cause loss to the revenue. It held-

“ a perusal of Para 10 of the affidavit clearly indicates that there is no revenue loss to the Government, as the highest slab rate was collected by the Government. Even assuming for a moment that the petitioners produced fake and fabricated documents, that has not caused any wrongful loss to the Government. Hence, this Court is of the view that a registration of crime and conducting investigation are abuse of process of law and, hence, the proceedings in the crime are liable to be quashed", 

SC bench of Justices SK Kaul and MM Sundresh while considering a criminal appeal set aside the order with observation-

"We find the aforesaid reasoning totally unsustainable. The effect of this reasoning is that fabrication of documents is permissible if it does not cause loss to the revenue! We have thus no hesitation in coming to the conclusion that the impugned order must go and is consequently set aside."

Factual Background

The State registered Crime in respect of a land issue alleging submitting fake and fabricated house tax books and tax receipts to the Urban Land Ceiling Department to grab valuable Government land. The accused thereafter filed a petition before the High Court u/s 482 of the Cr.P.C. seeking quashing of the FIR dated March 6, 2011.

Missu Naseem & Anr. V. The State Of Andhra Pradesh & Ors.|

Criminal Appeal No. 160/ 2022

Bench Justices SK Kaul and MM Sundresh SC

 

 

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