Case Note & Summary
The appellant, Gurunathagouda S/o Ninganagouda Goudar, filed a criminal appeal under Section 341 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka, Dharwad Bench, challenging an order dated 09.01.2019 passed by the Court of IV Additional District and Sessions Judge, Dharwad in S.C. No. 50/2017. The appellant had filed an application under Section 195-A Cr.P.C. seeking an inquiry into the alleged fabrication of evidence by police officers and other respondents in connection with a criminal case. The trial court rejected the application without conducting any inquiry. The appellant contended that the police officers, including the Deputy Superintendent of Police and other officials, had fabricated evidence, created false documents, and recorded false statements under Section 164 Cr.P.C. to implicate him in a false case. The respondents, including the State and the police officers, opposed the appeal, arguing that the application was filed belatedly and that the allegations were baseless. The High Court examined the provisions of Section 195-A Cr.P.C., which empowers a court to hold an inquiry into the fabrication of evidence, and Section 341 Cr.P.C., which provides for an appeal against orders under Section 340 Cr.P.C. The court held that the trial court erred in rejecting the application without conducting a preliminary inquiry, as the allegations prima facie disclosed an offence under Section 193 of the Indian Penal Code, 1860 (IPC). The High Court allowed the appeal, set aside the trial court's order, and directed the trial court to hold an inquiry under Section 195-A Cr.P.C. and pass appropriate orders in accordance with law.
Headnote
A) Criminal Procedure Code - Section 195-A Cr.P.C. - Inquiry into Fabrication of Evidence - The appellant sought an inquiry into the alleged fabrication of evidence by police officers and others in a criminal case. The trial court rejected the application without conducting any inquiry. The High Court held that the trial court ought to have conducted a preliminary inquiry before rejecting the application, as the allegations prima facie disclosed an offence under Section 193 IPC. (Paras 10-15) B) Criminal Procedure Code - Section 341 Cr.P.C. - Appeal against Order Rejecting Application under Section 195-A Cr.P.C. - The High Court held that an appeal under Section 341 Cr.P.C. is maintainable against an order rejecting an application under Section 195-A Cr.P.C., as the order amounts to a refusal to make a complaint under Section 340 Cr.P.C. (Para 8) C) Indian Penal Code - Section 193 IPC - Fabrication of False Evidence - The High Court observed that the allegations of fabrication of evidence by police officers, including the creation of false documents and recording of false statements, prima facie constitute an offence under Section 193 IPC. The court directed the trial court to hold an inquiry under Section 195-A Cr.P.C. (Paras 12-14)
Issue of Consideration
Whether the trial court erred in rejecting the appellant's application under Section 195-A Cr.P.C. seeking an inquiry into the alleged fabrication of evidence by police officers and others, and whether the appeal under Section 341 Cr.P.C. is maintainable.
Final Decision
The High Court allowed the appeal, set aside the order dated 09.01.2019 passed by the IV Additional District and Sessions Judge, Dharwad in S.C. No. 50/2017, and directed the trial court to hold an inquiry under Section 195-A Cr.P.C. and pass appropriate orders in accordance with law.
Law Points
- Section 195-A Cr.P.C.
- Section 341 Cr.P.C.
- Section 193 IPC
- Section 463 IPC
- Section 471 IPC
- Section 120B IPC
- Section 34 IPC
- Section 161 IPC
- Section 164 Cr.P.C.
- Section 172 Cr.P.C.
- Section 173 Cr.P.C.
