Case Note & Summary
The petitioner, Moseen S/o Annis Shaikh, an LL.B student and advocate, filed a petition under Section 482 Cr.P.C. seeking quashing of the order dated 14.07.2021 passed by the II-Additional Civil Judge and JMFC, Vijayapur, in C.C.No.7638/2021 (arising from P.C.No.96/2019) and the order dated 06.07.2021. The respondent No.2, Basavaraj Bevur, the in-charge Chief Administrative Officer of the District Court, Vijayapur, had filed a complaint against the petitioner alleging that the petitioner, as accused No.2 in S.C.No.85/2018, had approached the High Court of Karnataka at Kalaburagi Bench for grant of bail in Criminal Petition No.200123/2018 and that on 02.04.2018, the High Court had granted bail. The complainant alleged that the petitioner had misrepresented facts in the bail petition, claiming that the complainant had threatened him, and that the petitioner had fabricated false evidence and made false statements. The complainant sought prosecution under Sections 193, 196, 199, 200, 211, and 500 IPC. The trial court took cognizance and issued process. The petitioner contended that he was a public servant acting in discharge of his official duty as an advocate, and that no sanction under Section 197 Cr.P.C. had been obtained. The court analyzed the facts and held that the petitioner, being an advocate, was a public servant and the acts alleged were in discharge of his official duty. The court further held that the allegations did not disclose the ingredients of the offences alleged, as the statements were made in judicial proceedings and were not shown to be false. The court quashed the proceedings, observing that the continuation would be an abuse of process of law.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 Cr.P.C. - Public Servant - The petitioner, an advocate, was accused of fabricating false evidence and making false statements in a bail petition filed before the High Court. The court held that the petitioner, being a public servant (advocate) acting in discharge of his official duty, was entitled to protection under Section 197 Cr.P.C. and the absence of prior sanction vitiated the proceedings. (Paras 10-15) B) Indian Penal Code - Fabricating False Evidence - Sections 193, 196, 199, 200, 211, 500 IPC - The complaint alleged that the petitioner falsely claimed that the complainant had threatened him and that the bail petition contained false statements. The court found that the allegations did not prima facie disclose the ingredients of the offences alleged, as the statements were made in the course of judicial proceedings and were not shown to be false. (Paras 16-20) C) Criminal Procedure Code - Inherent Powers - Section 482 Cr.P.C. - Quashing of Proceedings - The court exercised its inherent powers to quash the proceedings, holding that the continuation of the case would be an abuse of process of law, as the complaint was filed with malafide intent and lacked legal basis. (Paras 21-25)
Issue of Consideration
Whether the criminal proceedings against the petitioner, an advocate, for alleged misrepresentation in a bail petition filed on behalf of a client, can be quashed for want of sanction under Section 197 Cr.P.C. and whether the complaint discloses any offence.
Final Decision
The petition is allowed. The impugned order dated 14.07.2021 passed by II-Additional Civil Judge and JMFC, Vijayapur, in C.C.No.7638/2021 (P.C.No.96/2019) and the order dated 06.07.2021 are quashed. The proceedings in C.C.No.7638/2021 are set aside.
Law Points
- Section 197 Cr.P.C. requires prior sanction for prosecution of public servants for acts done in discharge of official duty
- Section 482 Cr.P.C. inherent powers to quash proceedings to prevent abuse of process
- Section 193 IPC for fabricating false evidence
- Section 196 IPC for using evidence known to be false
- Section 199 IPC for false statement made in judicial proceeding
- Section 200 IPC for using false evidence
- Section 211 IPC for false charge of offence
- Section 500 IPC for defamation
