DR. BALIRAM WAMAN HIRAY versus JUSTICE B. LENTIN AND OTHERS

DR. BALIRAM WAMAN HIRAY versus JUSTICE B. LENTIN AND OTHERS

A Commission of Inquiry constituted under Section 3 of the Commission of Inquiry Act, 1952 is not a 'Court' for purposes of Section 195(1)(b) of the Code of Criminal Procedure, 1973; legal fiction for 'court' status under the Act is limited and does not extend to perjury proceedings for purposes of Section 195(1)(b) CrPC.

Parties
Appellant: DR. BALIRAM WAMAN HIRAY; Respondents: JUSTICE B. LENTIN AND OTHERS
Jurisdiction
India
Judgment Date
12 September 1988
Procedural Posture
Criminal Appeal / Appeal From Bombay High Court Judgment in Criminal Writ Petition No. 733 of 1987
Outcome
Appeal allowed; judgment and order of the High Court set aside; proceedings pending in Additional Chief Metropolitan Magistrate quashed.
Legal Topics
Commission of Inquiry, Meaning of 'court' Under Cr PC Section 195(1)(b), Perjury Proceedings
Criminal Law Statutory Interpretation Commission of Inquiry Meaning of 'court' Under Cr PC Section 195(1)(b) Perjury Proceedings

Case Brief

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Parties

DR. BALIRAM WAMAN HIRAY

Appellant

JUSTICE B. LENTIN AND OTHERS

Respondents

Procedural Posture

Criminal Appeal / Appeal From Bombay High Court Judgment in Criminal Writ Petition No. 733 of 1987

Legal Issues

  1. 1 Whether a Commission of Inquiry constituted under Section 3 of the Commission of Inquiry Act, 1952 is a 'Court' for purposes of Section 195(1)(b) of the Code of Criminal Procedure, 1973

Ratio Decidendi

A Commission of Inquiry constituted under Section 3 of the Commission of Inquiry Act, 1952 is not a 'Court' for purposes of Section 195(1)(b) of the Code of Criminal Procedure, 1973; legal fiction for 'court' status under the Act is limited and does not extend to perjury proceedings for purposes of Section 195(1)(b) CrPC.

Court Disposition

Appeal allowed; judgment and order of the High Court set aside; proceedings pending in Additional Chief Metropolitan Magistrate quashed.

Orders

  • Proceedings in Criminal Case No. 1121(W) of 1987 before Additional Chief Metropolitan Magistrate, Esplanade, Bombay quashed.
  • Judgment and order passed by High Court set aside.