Shivani Thakur
Published on: April 7, 2022 at IST
The Kerala High Court while Quashing Proceedings against two individuals who were Accused of Forging the 1934 Constitution of the Malankara Orthodox Syrian Church observed that initiating Litigation cannot be treated as an act of conspiracy as contemplated under Section 120B of the Code of Criminal Procedure.
Justice Ziyad Rahman A.A found that the Offence of forgery was not established in the Case and particularly because Filling a Suit cannot be treated as an Illegal Act.
“One of the reasons for Alleging conspiracy is that the Accused have filed a Suit. Initiating Litigation cannot be treated as an Act of Conspiracy, as Section 120B is always in respect of the Commission of an Offence or an Illegal Act. I have already found that no other Offence is attracted. Similarly, filing a suit cannot be treated as an Illegal Act or doing a Legal Act by Illegal means.”
The Petitioners herein and some others instituted a Suit before a sub Court seeking a declaration that St. Johns Besphage Orthodox Syrian Church, Pulinthanam is a constituent Parish Church of Malankara Orthodox Syrian Church and is to be administered in accordance with the Provisions of the 1934 Constitution of the Malankara Orthodox Syrian Church.
In the said Suit, they produced a document claiming to be the Constitution of Malankara Orthodox Syrian Church.
The Respondent also Alleged that the Document did not contain any Registration Number, Stamp Paper or the necessary declaration as required under Section 3 of the Press and Registration of Book Act, 1867 to print the same. Therefore, he lodged a Complaint against the Petitioners.
The Petitioner moved to the High Court claiming that Proceedings are liable to be Quashed. The Court found that the Offence of Forgery as Contemplated under Section 468 and 471 of the Indian Penal Code was not attracted against the Petitioner.
The Apex Court had already clarified that the Non-Registration made in the 1934 Constitution cannot be valid contention to the challenging the validity of the document.
Moreover, it was laid down that initiating Litigation cannot be treated as an act of Conspiracy as Section 120B is always in respect of the Commission of an Offence or an Illegal Act.
The Court dropped the Proceeding pending against the Petitioners and allowed their Plea.
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