AJAIB SINGH versus JOGINDER SINGH

AJAIB SINGH versus JOGINDER SINGH

Section 479A(6) Cr.P.C. bars prosecution for ss. 193 and 195 IPC if not directed by the original magistrate; however, successor-in-office as per s. 559 Cr.P.C. is empowered to file complaints, and s. 42 Police Act does not bar prosecutions under IPC. The complaint disclosed sufficient offences to proceed.

Parties
Appellant: Ajaib Singh; Respondent: Joginder Singh
Jurisdiction
India
Judgment Date
30 April 1968
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated February 1, 1965 of the Punjab High Court in Criminal Misc. No. 8 of 1964 in Cr. Revision No. 1375 of 1963
Outcome
Appeal dismissed.
Legal Topics
Successor Magistrate's Power to File Complaint, Bar of Prosecution Under S. 479 A(6) Cr.p.c., Applicability of S. 42 Police Act, Complaints Under Ss. 193, 195, 211 and 120 B IPC
Criminal Law Successor Magistrate's Power to File Complaint Bar of Prosecution Under S. 479 A(6) Cr.p.c. Applicability of S. 42 Police Act Complaints Under Ss. 193, 195, 211 and 120 B IPC

Case Brief

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Parties

Ajaib Singh

Appellant

Joginder Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated February 1, 1965 of the Punjab High Court in Criminal Misc. No. 8 of 1964 in Cr. Revision No. 1375 of 1963

Legal Issues

  1. 1 Whether prosecution for offences under ss. 193 and 195 IPC was barred under s. 479A(6) Cr.P.C.
  2. 2 Whether a successor-in-office magistrate could file the complaint under s. 559 Cr.P.C.
  3. 3 Whether s. 42 of the Police Act bars the prosecution as being time-barred

Ratio Decidendi

Section 479A(6) Cr.P.C. bars prosecution for ss. 193 and 195 IPC if not directed by the original magistrate; however, successor-in-office as per s. 559 Cr.P.C. is empowered to file complaints, and s. 42 Police Act does not bar prosecutions under IPC. The complaint disclosed sufficient offences to proceed.

Court Disposition

Appeal dismissed.

Orders

  • Respondents to be proceeded against according to law