Dino Mackenzy (Delivery Head) 16 November 2014

Ipc 195: complex legal query

Hi All,

A brief about a matter is as below:

Initially defendants succeeded in getting Anticipatory Bail for false cases filed under section 498a & Oth. from Session Court on term that all defendants will remain present on particular date in front of Investigation Officer at Police Station.
As per Session Court’s Order all defendants visited to Police Station to cooperate in investigation to Investigation Officer however Investigation Officer with collision with 498a gang (i.e. my wife and in laws) submitted false petition for cancellation of anticipatory bail claiming that defendant remained absent on said date and hence breached condition of Court for AB.
Based upon false submission from IO, Session Court has cancelled Anticipatory Bail for all defendants.
Defendants later approached to Honorable High Court to challenge Session Court Order. Based upon proofs submitted, honorable HC set aside Session Court’s Order.
Later defendants approached to JMFC with a complaint against concerned IO under section 195 & Oth. which was return by JMFC with a remark that complainant should file a complaint into Session Court as the crime did happened in four wall of Session Court and this Court is not empower to take a decision in present case.
Matter is now in Session Court however Judge from Session Court is of opinion that Session Court is not empower to take cognizance under section 195 in present case and Session Court can accept complaint only under special clauses (like Rape, Corruption etc.)

My query to all experts on this forum is that which court is empower to take complaint in u/s 195 & Oth. either JMFC or Session Court in a case as explained above.

I would appreciate if any expert can share “Case Laws” in similar matter, if you have already.

Appreciate your thoughts on this matter.

Many Thanks in advance!

Reply Follow

5 Replies

N.K.Assumi (Advocate) 16 November 2014

Complaint should be filed before the Magistrate, who on completion of his duty shall commit the case to the Session Court, as the jurisdictions for trial under 195 is with the Session Court.

1 Like

Dino Mackenzy (Delivery Head) 17 November 2014

Thanks !

R Trivedi (advocate.dma@gmail.com) 05 December 2014

Pl read S.340 CrPC.....The IO should not be allowed to go scot free.

Dino Mackenzy (Delivery Head) 16 June 2015

Hi All,

Update on this case.

Honorable Session Court has setaside order of JMFC where JMFC returned complaint filed u/s 156(3) on a basis that complainant should approach to the Court (i.e. in this case Session Court) where crime actually took place. Session Court expressed opinion in its Order that JMFC is empowerd to accpet complaint u/s. 156(3) and hence complaint can not be returned.

Now, I have below two questions:

1. Does JMFC is bound to call Respondents before ordering a registration of FIR in this matter? Note that JMFC didn't issued summons to Respondents when complaint was actually filed to JMFC first time about an year ago however Session Court has called all Respondents by summonsing them after which Respodents have contested case into Session Court.

2. I want to add another Respondent to original complaint which was returned by JMFC as explained above as during tenure of last 8-10 months I succeeded in gathering material which is raising suspect of involvment of this person into said crime.

Kindly advise.

Many Thanks!

Dino Mackenzy (Delivery Head) 17 June 2015

Hi All - Please respond especially on second query. Is there any provision in law for second query raised above? Please let me know as it is a bit urgent.

Many thanks in adavance.