P.D. LAKHANI AND ANR. versus STATE OF PUNJAB AND ANR.

P.D. LAKHANI AND ANR. versus STATE OF PUNJAB AND ANR.

A complaint under s.182 IPC arising from an investigation ordered by the SSP is not maintainable if filed before the Magistrate by a subordinate officer such as the SHO; s.195(1) Cr.P.C. requires the complaint to be filed by the SSP or his administrative superior, and does not permit delegation to inferior officers.

Parties
Appellants: P.O. Lakhani and Anr.; Respondents: State of Punjab and Anr.
Jurisdiction
India
Judgment Date
22 April 2008
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Outcome
Appeal allowed; impugned judgment set aside.
Legal Topics
Jurisdiction to File Complaint, Maintainability of Complaint Under S.195(1) Cr.p.c., Delegation of Public Servant Authority, Invalid Complaint Under S.182 IPC
Criminal Law Procedure Jurisdiction to File Complaint Maintainability of Complaint Under S.195(1) Cr.p.c. Delegation of Public Servant Authority Invalid Complaint Under S.182 IPC

Case Brief

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Parties

P.O. Lakhani and Anr.

Appellants

State of Punjab and Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether a complaint under s.182 IPC can be filed before the Magistrate by the SHO when the investigation was ordered by the SSP under s.195(1) Cr.P.C.
  2. 2 Whether such complaint is maintainable under the Code of Criminal Procedure

Ratio Decidendi

A complaint under s.182 IPC arising from an investigation ordered by the SSP is not maintainable if filed before the Magistrate by a subordinate officer such as the SHO; s.195(1) Cr.P.C. requires the complaint to be filed by the SSP or his administrative superior, and does not permit delegation to inferior officers.

Court Disposition

Appeal allowed; impugned judgment set aside.

Orders

  • Judgment of High Court set aside.
  • Any trial on the complaint by the SHO is without jurisdiction.