Sec 195 (2) crpc vis a vis sec 2i7 ipc
Rajesh Tandon
(Querist) 04 October 2015
This query is : Resolved
1. I am a public servant approaching this forum for the expert advice. By virtue of being public servant, Iam contemplating of lodging a complaint under the provisions of section 195(1) (a) CRPC for an offence of section 187 IPC against somebody[Omission to assist public servant when bound by law to give assistance].
2. However provisions of section 195(2) CRPC mention, quote “Where a complaint has been made by a public servant underclause(a) of sub-section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court ; and upon its receipt by the Court, no further proceedings shall be taken on the complaint.”unquote.
3. The possibility that the person against whom the complaint is being contemplated may use some kind of influence whereby the authorities to whom I am administratively subordinate may order the withdrawal of the complaint. Such a possibility cannot be ruled out.
4. As such, the whole aim of bringing the guilty to book for contempt of lawful authority of the public servant gets defeated by such a parallel provision in the legislation by virtue of section 195(2) CRPC.
5. Don't you think that the authorities to whom I am administratively subordinate, if at all order withdrawal of complaint,would, by ordering the withdrawal of such complaint tantamount to committing of an offence under section 217 of IPC[Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture].
6. May I request the experts to suggest some way out in such a situation so that the guilty is brought to the book.
SAINATH DEVALLA
(Expert) 05 October 2015
Mr Rajesh,
U are right in UR analysis of the entire complaint and the archiac implications of section 195(2)crpc.
Answer to UR 5th para: Yes it is a viiolatiion of section 217 ipc.But once U complain against UR superiors can U withstand the aftermath.
Rajesh Tandon
(Querist) 08 October 2015
Yes u r right. The for having patience to read d post. Any way any thing if u can suggest, do let me know. Regards.
