Case Law Details
Missu Naseem Vs State of Andhra Pradesh (Supreme Court of India)
In this case State had registered a case in respect of a land issue alleging against the private respondents that they had submitted fake and fabricated house tax book and tax receipts to the Urban Land Ceiling Department to grab valuable Government land.
The private respondents filed a petition before the High Court under Section 482 of the Cr.P.C. seeking quashing of the FIR itself. High Court Quashed the FIR by observing as below-
“ As rightly contended by the learned counsel for the petitioners, a perusal of Para 10 of the affidavit clearly indicates that there is no revenue loss to the Government, as 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.”
Hon’ble SC find the aforesaid reasoning totally unsustainable and held that 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.
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