Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1898 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Code of Criminal Procedure, 1898 (5 of 1898) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure 1898 - S. 195(1) (b) - Scope of - 'In relation to any proceedings in any court' meaning of - Police submitting final report under s. 173 Cr. P.C. and Magistrate passing an order thereon - Whether judicial order - Attracting the bar in s. 195 (1) (b). Section 195(1)(b) of the Code of Criminal Procedure provides that no court shall take cognizance of any offence punishable under any of the sections enumerated therein (one of which is s. 211) if such offence is alleged to have been committed in or in relation to any proceedings in any court. The appellant filed a complaint with the police that the accused criminally trespassed, assaulted and abused him in filthy language and committed theft of money and valuable documents of the school of which he was the secretary. After investigation the police found that there was no evidence against the accused and therefore, the Magistrate discharged all the accused. One of the accused thereupon preferred a complaint under s. 211 IPC alleging that the appellant had instituted criminal proceedings with the intent to cause injury to him and others knowing that there was no just or lawful ground and thereby caused pecuniary loss and agony to him.The appellant moved the High Court for quashing the proceedings before the Magistrate because in the absence of a complaint in writing of the Magistrate himself, the Magistrate had no jurisdiction to take cognizance of the offence under s. 211 !PC in view of the provisions of s. 195 (1) (b) of the Cr. P.C. The High Court refused to quash the proceedings.On further appeal it was contended that an order passed by a Magistrate on a report submitted by the police under s. 173 Cr. P. C. being a judicial order the bar of s. 195(1)(b) would be attracted. |
Judge | Hon'ble Mr. Justice Jaswant Singh Hon'ble Mr. Justice P.S. Kailasam |
Neutral Citation | 1978 INSC 257 |
Petitioner | Kamlapati Trivedi |
Respondent | State Of West Bengal |
SCR | [1979] 2 S.C.R. 717 |
Judgement Date | 1978-12-13 |
Case Number | 45 |
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