DAULAT RAM versus STATE OF PUNJAB

The court can only take cognizance of an offence under section 182 IPC on a written complaint by the public servant concerned under section 195 CrPC; mere filing of a charge sheet by the police without such a written complaint renders the prosecution without jurisdiction and vitiates the conviction.

Parties: Appellant: Daulat Ram; Respondent: State of Punjab
Jurisdiction: India
Judgment Date: 25 January 1962
Procedural Posture: Criminal Appeal / Supreme Court Appellate Judgment
Outcome: Appeal allowed, conviction and sentence set aside.
Legal Topics: False Information to Public Servant, Cognizance of Offences, Jurisdiction of Court

Criminal Law Criminal Procedure False Information to Public Servant Cognizance of Offences Jurisdiction of Court

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Daulat Ram

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appellate Judgment

Legal Issues

1 Whether a prosecution under section 182 of the Indian Penal Code can be launched without a complaint in writing by the public servant concerned under section 195 of the Code of Criminal Procedure
2 Whether the cognizance taken by the court based on a charge sheet filed by the police (and not a written complaint by the concerned public servant) was valid

Ratio Decidendi

Court Disposition

Appeal allowed, conviction and sentence set aside.

Orders

Conviction of the appellant under section 182 IPC and the sentence passed are set aside.