Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Private complaint - Maintainability |
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:ss. 195, 340 - Private complaint - Maintainability - Private complaint against respondent-police officer by appellant praying for trial of the respondent u/s.193, IPC on the ground that the appellant was prosecuted in a criminal case on the basis of a palpably false statement made by the respondent - Magistrate dismissed the complaint on the ground that in view of ss. 195 and 340, the complaint of the appellant was not maintainable - High Court affirmed the same - Held: In the light of the language of s.195, the conclusion of the Magistrate in dismissing the complaint for the reason that the complaint is not filed by the person contemplated u/s. 195 is correct - As a matter of fact, the Court before whom the instant complaint was lodged was not the same Court before whom the appellant was prosecuted by the respondent - However, both s.195(1) and s.340(2) authorise the exercise of power conferred u/s.195(1) by any other court to which the court in respect of which the offence is committed is subordinate to - The High Court, being constitutional court, invested with the powers of superintendence over all courts within the territory over which it exercises its jurisdiction is certainly a Court which could have exercised the jurisdiction u/s.195(1) - High Courts not only have the authority to exercise such jurisdiction but also have an obligation to exercise such power in appropriate cases - Therefore, matter remitted to High Court for appropriate course of action to initiate proceedings against respondent on the basis of the complaint of appellant in accordance with law - Penal Code, 1860 - ss.191, 193. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2014 INSC 38 |
Petitioner | Perumal |
Respondent | Janaki |
SCR | [2014] 1 S.C.R. 591 |
Judgement Date | 2014-01-20 |
Case Number | 169 |
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