Sec 340 and 195 Cr.p.c
Thyagarajan
(Querist) 29 May 2010
This query is : Resolved
Application of the SC judgment Appeal(crl) 402/2005 to the cases on sec 340 and 195 cr.pc gives appellants or respondents the option to approach the Criminal Court directly without asking for the court (in writing) ( before which offences under sec 195 cr.pc were committed ) to forward the same to criminal court under sec 340 cr.pc.
I would like to know whether any one had tried this and got benefit.
Thyagarajan
(Querist) 11 June 2010
While doing a google search I found answer to my query. That was an apex court order. I am giving the same below.
Hope this will benefit some members as well
PETITIONER:
STATE OF PUNJAB
Vs.
RESPONDENT:
RAJ SINGH AND ANR.
DATE OF JUDGMENT: 16/01/1998
BENCH:
M.K. MUKHERJEE, K.T. THOMAS
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted. Heard the learned counsel for the
parties.
We are unable to sustain the impugned order of the High
Court quashing the F.I.R. lodged against the respondents
alleging commission of offences under Sections 467 and 468
I.P.C. by Chem in course of the proceeding of a civil suit,
on the ground that Section 195 (1) (b) (ii) Cr.P.C.
prohibited entertainment of and investigation into the same
by the police. From a plain reading of Section 195 Cr.P.C.
it is manifest that it comes into operation at the stage
when the Court intends to take cognizance of an offence
under Section 190(1) Cr. P.C.; and it has nothing to do with
the statutory power of the police to investigate into an
F.I.R. which discloses a cognisable offence, in accordance
with Chapter XII of the Code even if the offence is alleged
to have been committed in, or in relation to, any proceeding
in Court. In other words, the statutory power of the Police
to investigate under the Code is not in any way controlled
or circumscribed by Section 195 Cr.P.C. It is of course true
that upon the charge-sheet (challan), if any, filed on
completion of the investigation into such an offence the
Court would not be competent to take cognizance thereof in
view of the embargo of Section 19591) (b) Cr. P. C. , but
nothing therein deters the Court from filing a complaint for
the offence on the basis of the F.I.R. (filed by the
aggrieved private party) and the materials collected during
investigation, provided it forms the requisite opinion and
follows the procedure laid down tin section 340 Cr. P.C. The
judgment of this Court in Gopal Krishna Menon and Anr. Vs.
D. Raja Reddy [AIR 1983 SC 1053], on which the High Court
relied, has no manner of application to the facts of the
instant case for there cognizance was taken on a private
complaint even though the offence of forgery was committed
in respect of a money receipt produced in the Civil Court
and hence it was held that the Court could not take
cognizance on such a complaint in view of Section 195 Cr. P.
C.
For the foregoing reasons, we allow this appeal and set
aside the impugned order.
