Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss.340 and 195 1860 s.193 r/w. s.34 Penal Code Cr.P.C False Evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973 – ss.340 and 195 – Penal Code, 1860 – s.193 r/w. s.34 – False Evidence – Appellant alleged non-compliance of a High Court’s order dated 29.06.2014 by the respondents and filed contempt petition against them – Respondents filed a show cause showing compliance of the order dated 29.06.2014 – Accordingly, contempt proceedings were dropped –Thereafter, appellant filed private complaint against the respondent no.2 to 4 u/s. 193 r/w. s.34 of IPC alleging that respondents had made false and wrong statement in their show-cause affidavit before the High Court – Magistrate took cognizance of an offence punishable u/s. 193 of IPC on basis of the private complaint –Respondent Nos. 2 to 4 filed criminal revision petition before the High Court against the order of the Magistrate – High Court seaside the order of the Magistrate – On appeal, held: Supreme Courtin M.S. Ahlawat case held that private complaints are absolutely barred in relation to an offence said to have been committed u/s.193 of IPC and that the procedure prescribed u/s.195 of Cr.P.C.are mandatory – Also, s.340 Cr.P.C. makes it clear that prosecution under this section can be initiated only by the sanction of the court under whose proceedings an offence referred to in s.195(1)(b) has allegedly been committed – The case in hand squarely falls within the category of cases falling u/s.195(1)(b)(i) of the Cr.P.C. as the offence is punishable u/s. 193 of the IPC – Thus, Magistrate erred in taking cognizance of the offence punishable u/s.193 of the IPC on basis of a private complaint – High Court rightly set aside the order of the Magistrate – Perjury. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2019 INSC 132 |
Petitioner | Sh. Narendra Kumar Srivastava |
Respondent | The State Of Bihar & Ors. |
SCR | [2019] 2 S.C.R. 643 |
Judgement Date | 2019-02-04 |
Case Number | 211 |
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