Penal Code, 1860–Secs. 406, 420/34, 384, 389 & 120-B–Code of Criminal Procedure, 1973–Sec. 202–Order of summoning–Quashed by High Court–Sustainability–Cross allegation by the appellant as well as respondent no. 2 about the complicity of the forged documents–Observation of High Court that the appellant manipulated the documents by altering the experience certificate and respondent no. 2 was not involved in submitting the documents–Appellant was an employee of respondent no. 2 and he was working for respondent no. 2–Respondent no. 2 was the beneficiary of the allotment of said tender–Respondent no. 2 completed the project and no objection was raised by the Government–High Court laid much emphasis on the statements referred in case diary–The aspect about complicity of a person who was involved in forgery, is a disputed question of facts and same will have to be addresses after a proper appreciation of evidence–Impugned order passed by the High Court is liable to be quashed and set aside.
