Section 195(1)(a) crpc

Matta (Querist) 05 June 2023 This query is : Resolved
Can a public servant conduct preliminary inquiry before submitting complaint u/s 195 CRPC in court for offence u/s 177, 182 IPC for collecting technical evidences like tower location report? If yes, authority for preliminary inquiry under which section / act?

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This discussion explores whether a public servant can conduct a preliminary inquiry, specifically to collect technical evidence like tower location reports, before submitting a complaint under Section 195(1)(a) of the CRPC for offences under Sections 177 and 182 of the IPC. The core issue revolves around a situation where a District Magistrate's order, based on information from a public servant, was quashed by the High Court. The victim wishes to prosecute the public servant for providing false information, but only the DM can file the complaint. The question is whether the DM can conduct a preliminary inquiry to gather evidence, such as call detail records, to prove the falsity of the information before filing the complaint, and if so, under which legal authority.

Sudhir Kumar, Advocate (Expert) 05 June 2023
please give facts of the case instead of framing question paper for essay examination.

Matta (Querist) 05 June 2023
A public servant had given an information to District Magistrate based on which DM has passed an order, which was further quashed by High Court on grounds of illegality. Considering quantum of available information and belief of the victim, the whole information given by public servant seems to be false but it can be proved false beyond doubt from his Mobile Phone Call Details.

Victim wants to get public servant punished for offence u/s 177 & 182 IPC and only DM can present complaint against the public servant as per section 195(1)(a)(I) crpc.

Now the question:
On submission of application, can DM conduct preliminary inquiry to gather call details of public servant before presenting complaint in the court, for the purpose of establishing beyond doubt that provided information was aboslutely false? If yes, authority to conduct preliminary inquiry present under which section / act?

Sudhir Kumar, Advocate (Expert) 13 June 2023
is it same case as discussed on

https://www.lawyersclubindia.com/experts/Section-151-Cr-P-C-Vs-342-IPC-651006.asp

https://www.lawyersclubindia.com/experts/cognizance-of-criminal-contempt-750311.asp

Matta (Querist) 13 June 2023
@ Sudhir Kumar
No its different

T. Kalaiselvan, Advocate (Expert) 17 June 2023
Since the matter is quashed by the high court the victim can file a defamation case or can prosecute the official for malicious prosecution.
a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person.

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