Quashing of FIR -- Direction by Civil Court to Register FIR -- Civil Court has inherent power under Section 151 CPC to direct registration of FIR in cases of serious forgery
(i) Civil Procedure Code, 1908, S.151 -- Quashing of FIR -- Direction by Civil Court to Register FIR -- A Civil Court has inherent jurisdiction to direct a party or witness to forward a complaint to the police for registration of an FIR where a serious offence of forgery is alleged. There is neither an express provision empowering this nor an express or implied prohibition against it. Such inherent power can be exercised in appropriate cases to unearth fraud and serve the ends of justice, without nullifying any provision of the Code. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.379 -- Cognizance of Forgery Offence -- Forgery Committed Prior to Production in Court -- The bar on courts taking cognizance of offences against public justice relating to documents produced in court, except on complaint of that court, applies only where the forgery affects the administration of justice while the document is part of court records. Where the forgery of a document was committed before it was produced in evidence and outside the precincts of the court, this bar does not apply, and a preliminary enquiry is not required before registration of the case by police.
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