Thyagarajan (Property management) 13 May 2010

Supreme Court Ruling

'Cases under section 199, 200, 205 to 211 IPC are to be taken up by courts themselves(as per 195 and 340 of Criminal procedure code, but supreme court has set some bar which allows private party to put a case under section 199, 200, 205 to 211 IPC). The judge can take up the false information case by himself, on base of an application u/s 340 Cr.PC, this would carry more gravity since its a case initiated and executed by the judge. But if the respective courts do not take up these cases (which is usually the case) then file for private cases under sections 199, 200, 205 to 211 IPC (citing the bar Supreme court has set, enabling private parties to initiate such cases.'

The above is got from a search in Google for 'Sec 340 cr.p.c

Can any of the lawyer members help me in getting the citation of Supreme Court? This will help me in a case I am following.

Reply Follow

7 Replies

Ayub S. Pathan (Legal Adviser) 14 May 2010

Mr. Tyagrajan,

I have a citation for you it may help you prosecuting your case.

AIR 2005 Supreme Court 2119(1)

Iqbal singh Marwah & another V/S Meenakshi Marwah.

In the said matter this issue has been thoroughly discussed By Hon'ble Apex Court in Detail.

Pl. Check it.

Thanks,

AYUB S. PATHAN,

Legal Adviser, CID, State of Maharashtra, Pune

Thyagarajan (Property management) 14 May 2010

Dear Sri Ayub S.Pathan,

Thanks for your prompt answer to my query. I do have the citation you mentioned. As you said the dealings of offences under section 195 Cr.pc are exhaustive. On your prompting I checked it up fully. There is no mention in it that in case the courts do not take cognizance of offence under section 340 cr.pc when an application is made before it that a false statement is made in a proceeding in the same court and the court refuses to pass the complaint to a magistrate, the parties can file a private complaint for offences committed under sec 199 IPC to a magistrate In the Google search I found that thee is a SC ruling that allows private complaints can be lodged under section 199 IPC. I am after that ruling.

If you can trace it I will be much obliged.

Munirathnam (Scientist) 14 May 2010

Dear All, My wife gave false information to police in registering the FIR U/s 498A IPC. I have proofs (documentary proofs) for the same, but IO is not accepting the same being he has to file case on wife U/s 182. Now what I can do. Case status is IO filed charge sheet in court and CC number is given to the case. CAn I approach court to take the cognizance of offence U/s 182 being police did not respond for me.... Please advice me.

Thyagarajan (Property management) 14 May 2010

Dear Munirathnam,

We are talking about offences under sec 199 ipc . your case is not covered in this. u better consult an

advocate.

Ayub S. Pathan (Legal Adviser) 15 May 2010

Mr. Tyagrajan,

If you are aggrieved by the order of the court rejecting you request to File Complaint U/s.340 Cr.P.C.

Then file an appeal U/s 341 of Cr.P.C. and check this Citation..

H.S.Ahaluwalia V/s D.C.Jain, 1994 Cr.L.J. NOC448(P&H)

Ayub S. Pathan,

legal Adviser ,state CID,MS,Pune.

Thyagarajan (Property management) 31 May 2010

Dear Ayub S.Pathan,

On a second and third reading of the judgment you had given and also that I had I realised that in my case a false document was fabrigated before it was filed in a proceeding in the Consumer Forum. The SC Judgment clearly shows that in such cases the need for court to forward the complaint is not necessary and that the complaint can be filed directly.

i was unfortunate in not having understood the SC Judgment correctly . if I had i would not have approached the Consumer forum at all .

I am planning to file a criminal complaint affresh