Case Note & Summary
The petitioner, Brijesh Patel, filed two criminal petitions under Section 482 CrPC seeking quashing of a complaint and the order of issue of process against him. The complaint was filed by Syed Imtiaz Ahmed (respondent) alleging offences under Sections 195 and 500 IPC. The complaint was pending before the I Additional Chief Metropolitan Magistrate, Bangalore. The petitioner argued that the complaint was not maintainable as for an offence under Section 195 IPC, the complaint must be in writing by the court concerned as per Section 195 CrPC. The respondent opposed the petitions. The court examined the provisions of Section 195 CrPC and found that the bar applies to offences under Sections 193 to 196 IPC, including Section 195 IPC. Since the complaint was not filed by the court, the Magistrate could not take cognizance. The court also noted that the offence under Section 500 IPC is non-cognizable but the main issue was the bar under Section 195 CrPC. The court allowed the petitions and quashed the complaint and the order of issue of process.
Headnote
A) Criminal Procedure Code - Section 195 CrPC - Bar on taking cognizance - Offence under Section 195 IPC - The court held that for an offence under Section 195 IPC (giving false evidence), the complaint must be in writing by the court before which the offence is committed. In the absence of such complaint, the Magistrate cannot take cognizance. (Paras 5-7) B) Indian Penal Code - Section 500 IPC - Defamation - The court noted that defamation is a non-cognizable offence and the complaint must be filed by the person aggrieved. However, the proceedings were quashed primarily due to the bar under Section 195 CrPC. (Para 6) C) Criminal Procedure Code - Section 482 CrPC - Inherent powers - The court held that inherent powers can be exercised to quash proceedings when the complaint is barred by law and allowing it to continue would be an abuse of process of court. (Para 8)
Issue of Consideration
Whether the criminal complaint for offences under Sections 195 and 500 IPC is maintainable in the absence of a complaint in writing by the court concerned as required under Section 195 CrPC?
Final Decision
The court allowed both criminal petitions and quashed the complaint in PCR No.10551/2009 and the order of issue of process dated 31.01.2018 passed by the I A.C.M.M., Bangalore, and also quashed the order dated 28.11.2014 in Criminal R.P.No.442/2013 passed by the Additional Sessions Judge, FTC-X, Bangalore.
Law Points
- Section 195 CrPC bars cognizance of offence under Section 195 IPC without complaint in writing by the court concerned
- Section 500 IPC is a non-cognizable offence requiring complaint by the aggrieved person
- inherent powers under Section 482 CrPC can be invoked to quash proceedings when complaint is barred by law
