Laws laid down by supreme court
Fabrication of Document is a serious offence even there is no revenue loss
1.
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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