There has been a case instituted for forgery made in a Registered document Deed of HUF/Partition made in 1984 ,used to transfer property by the Accused in 2003 exclusively in his own name before the Land Records Authority by making a false Affidavit that he is the sole surviving legal heir.Property was an ancestral inheritance .Case filed u/s 471,181,182,467,192
The witness who was never present has filed complaint stating that the signature on that document is forged ,also the witness is one of the surviving legal heir to that property.The Hon'ble Court has raised the issue under Section 195 of Cr. PC and citied the case law of Marwah v/s Marwah to disallow the Application of the Witness and proceed further .But this case is different since ,the old registered document was never validated or produced before any Court of Law for confirmation or obtaining the Succession Certificate by the Accused.
What are the latest case Law based on which the Case can stand in the court,Section 340 and Section 195 ?
Please advise
