vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1924 OF 2007 WRIT PETITION NO.1924 OF 2007 WRIT PETITION NO.1924 OF 2007 Kailas Vasant Shinde ... Petitioner V/s. Arjun Nathaji Kadam & Ors. ... Respondents Petitioner present in person Mr.P.A. Pol, APP, for Respondent-State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JUNE 3, 2008 JUNE 3, 2008 JUNE 3, 2008 P.C.: P.C.: P.C.: . Miscellaneous Application No.1447 of 2006 was filed by the petitioner before the Sessions Court for taking action u/s 340 r/w 195(1)(b) of the Cr.P.C. The allegation in this application was that the Respondent Nos.1, 2 and 3 have been forging documents including the Vakalatnamas in order to secure orders from the Court. It is in these circumstances that the petitioner requested the Court to institute an enquiry u/s 195 (1)(b) of the Cr.P.C. It appears that on 10.8.2007, the Sessions Court has dismissed the application by passing the following order: "Applnt. has filed this appln. for taking action against the respondent u/s.340 r/w. 195 of Cr.P.C. On the ground that signature of respondent no.2 was forged in appln. of Revision St. no.3541/06. As the difference between signatures on revision appln. and vak. can be seen. However, on 7/8/07 the applnt’s : 2 : Adv. Mr.Gohil and Respondents and their adv. were present. Appln. filed for withdrawal of Revision for the reasons that the Ci. complaint between applnt. Kailash Shinde and his wife Mrs.Rekha Shinde is amicably settled and disposed of as compounded. However, applnt.Kailash Shinde was nto present at the request of his advocate the matter kept back till evening as the applnt. was likely to attend the ct. but he did not attend. Thus the matter came to be adjd. today at the request of Adv. Gohil but both are absent till 12.35 p.m. or other dispute between the parties are dissolved applnt. his wife are cohabiting with each other. However it appears that applnt has no bonafide intention behind filing this appln. Therefore, the appnl. dismissed & disposed off in circumstances of the case. 2. This order has apparently been passed in the absence of the petitioner and his advocate on the specious ground that the petitioner and his wife are now cohabiting. The Sessions Court has ignored the fact that the application was filed not against the wife but against three other persons namely, the father, the brother and the sister of the wife of the petitioner. There is no mention in the order as to whether or not the Sessions Court had found it necessary to conduct enquiry u/s 195 (1)(b). Instead, the miscellaneous application has been dismissed because the petitioner and his advocate did not attend the Court. 3. In my opinion, the reasons given by the learned Sessions Judge for dismissing the miscellaneous application cannot be accepted as an enquiry u/s 195 : 3 : (1)(b) can be conducted irrespective of whether the petitioner and his wife are now living together. Once it is found that the offences punishable under sections 193 to 196, 199, 200 to 205 to 211 or 228 had committed in relation to the proceeding in any Court, the Court must follow the procedure required u/s 340 of the Cr.P.C. Similarly, if an offence described in section 463 or punishable u/s 479, 475 and 476 of the IPC have been committed in respect of the documents produced in evidence in a proceeding in a Court, the Sessions Court can take cognizance of such offences on an application made to it in accordance with section 340 of the Cr.P.C. However, in the present case, the Sessions Court without adverting to these facts has merely dismissed the miscellaneous application on the ground that the petitioner and his wife are cohabiting and because he was not present when the matter was called out. 4. In these circumstances, I am of the view that the impugned order needs to be set aside and is hereby quashed and set aside. The Sessions Court is directed to decide the miscellaneous application No.1447 of 2006 on merits. 5. Writ petition is disposed of accordingly.