Case Note & Summary
The petitioner, Vilas Kashinath Parab, filed a criminal writ petition challenging the order of the Additional Sessions Judge, Mapusa, which maintained the issuance of process against him for offences under Sections 198 and 420 of the Indian Penal Code (IPC). The respondent/complainant, Nashiket Parab, had filed a criminal complaint alleging that the petitioner, though age-barred, fraudulently obtained a government job by using a false birth certificate showing his age as less. The Judicial Magistrate First Class issued process under Sections 198, 465, 468, and 420 IPC. The petitioner challenged this in Criminal Revision Application No.52/2012 before the Additional Sessions Judge, who discharged the petitioner from offences under Sections 465 and 468 IPC but maintained the process for Sections 198 and 420 IPC. Aggrieved, the petitioner filed the present writ petition. The petitioner's senior counsel made threefold submissions: first, that the ingredients of Section 198 IPC were not made out as it requires proof of Section 197 IPC (issuing false certificate with knowledge); second, that the complaint was barred by limitation under Section 468 CrPC since the maximum punishment for Section 198 IPC is 3 years and the complaint was filed in 2010, while the alleged false certificate was used in 1988; and third, that there was no material to show the age limit for government service. The court analyzed the submissions and held that the complaint was indeed barred by limitation under Section 468 CrPC as the offence under Section 198 IPC is punishable with up to 3 years, and the complaint was filed after 22 years. The court also noted that the complainant failed to bring any Government resolution or circular regarding the age limit. Consequently, the court quashed the order of the Additional Sessions Judge and the process issued by the Magistrate for offences under Sections 198 and 420 IPC.
Headnote
A) Criminal Procedure Code - Limitation for Taking Cognizance - Section 468 CrPC - Offence punishable with imprisonment up to 3 years - Complaint filed after 22 years from alleged use of false certificate - Held that the complaint is barred by limitation under Section 468 CrPC as the maximum punishment for Section 198 IPC is 3 years and the complaint was filed beyond the prescribed period of 3 years (Paras 4-6). B) Indian Penal Code - Offence of Using False Certificate - Section 198 IPC - Ingredients require proof of Section 197 IPC - The certificate must be issued with knowledge that it was false - Held that the complainant failed to establish the essential ingredients of Section 198 IPC (Para 4). C) Indian Penal Code - Cheating - Section 420 IPC - No material to show fraudulent or dishonest inducement - Held that the offence of cheating is not made out in the absence of any Government resolution or circular specifying age limit for employment (Para 4).
Issue of Consideration
Whether the offences under Sections 198 and 420 IPC are made out against the petitioner and whether the complaint is barred by limitation under Section 468 CrPC
Final Decision
The petition is allowed. The order dated 30/12/2020 passed by the Additional Sessions Judge, Mapusa in Criminal Revision Application No.52/2012 and the order of issuance of process by the Judicial Magistrate First Class, Mapusa in Criminal Complaint No.376/P/2010/D are quashed and set aside. The petitioner is discharged from the offences under Sections 198 and 420 IPC.
Law Points
- Ingredients of Section 198 IPC require proof of Section 197 IPC
- Limitation under Section 468 CrPC applies to offences punishable with up to 3 years
- Complaint filed after 22 years is barred by limitation
