Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 195 scope |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.195 - Complaint filed by appellant before CAW cell c accusing respondent of commission of offence punishable under s. 406 read with s. 34 IPC and ss.3 and 4 of Dowry Prohibition Act - Complaint by respondent alleging that appellant had instituted criminal proceedings against him without any basis and falsely charged him with commission of offences knowing that there was no just or lawful ground for such proceedings or charge and thereby committed offences punishable u/ss. 211 and 500 read with s.109, 114 and 34 IPC - Maintainability of - Plea of appellant that bar of s. 195 was attracted to the complaint filed by the respondent inasmuch as the offence allegedly committed by them was "in relation to the proceedings" in the court which the respondent had approached for grant of bail and the court concerned had granted the bail prayed for by him - Held: The bail proceedings conducted by Sessions Judge in connection with the case which appellant had lodged with CAW Cell were judicial proceedings and the offence punishable under s.211 IPC alleged to have been committed by the appellant related to the said proceedings - Such being the case the bar contained in s.195 was attracted to complaint filed by respondent - Complaint of respondent was not, thus, maintainable - Penal Code, 1860- ss. 406 r/w s.34 - Dowry Prohibition Act - ss. 3 and 4. s. 195 - Scope and ambit of - Discussed. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2011 INSC 795 |
Petitioner | Abdul Rehman & Ors. |
Respondent | K.m. Anees-ul-haq |
SCR | [2011] 14 S.C.R. 1033 |
Judgement Date | 2011-11-14 |
Case Number | 2090 |
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