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