The Supreme court on 7th February 2022 observed that cases pertaining to fake and fabricated documents cannot be quashed merely because no wrongful loss of revenue was caused to the government. The judgment was delivered in the case of Missu Naseem and Another v. State of Andhra Pradesh and Others.
A Division Bench of Justices Sanjay Kishan Kaul and MM Sundresh was adjudicating an appeal against a 2011 order of the Andhra Pradesh High Court.
A First Information Report (FIR) has been registered in respect of a land issue alleging that the private respondents had submitted fake and fabricated house tax book and tax receipts to the Urban Land Ceiling Department to grab valuable government land.
The respondents moved the Andhra Pradesh High Court under Section 482 of the Code of Criminal Procedure for quashing the case.
The High Court allowed the plea and quashed the FIR, observing that the production of fake and fabricated documents has not caused any wrongful loss of revenue to the government.
The Supreme Court in its judgment held that the reasoning given by the High Court was totally unsustainable.
The court held that the civil Court will take its own view on the basis of the evidence before is regarding the disputes between the private parties.
Importantly, before concluding the Court expressed its regret that the case remained pending for almost 8 years before the Supreme Court
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