GOVIND MEHTA versus STATE OF BIHAR

GOVIND MEHTA versus STATE OF BIHAR

Section 195(1)(b) and (c) CrPC have no application to charges under Sections 167 and 466 IPC against the appellant, and do not bar the court from taking cognizance of the offence under Section 471 IPC, as the appellant was not a party to any proceeding in any court. Section 476 also does not apply, because the...

Source-derived case information.

Parties
Appellant: Govind Mehta; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
07 May 1971
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Patna High Court's Judgment Dated December 16, 1968 in Criminal Revision Nos. 345 and 346 of 1968 and Criminal Misc. Nos. 248 and 249 of 1968.
Outcome
Appeal dismissed
Legal Topics
Cognizance of Offences, Bar of Prosecution Under Section 195 Cr PC, Prosecution of Judges and Magistrates, Forgery in Judicial Records
Criminal Law Procedure Cognizance of Offences Bar of Prosecution Under Section 195 Cr PC Prosecution of Judges and Magistrates Forgery in Judicial Records

Source-derived case record

Summary, issues, holding and outcome

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Parties

Govind Mehta

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Patna High Court's Judgment Dated December 16, 1968 in Criminal Revision Nos. 345 and 346 of 1968 and Criminal Misc. Nos. 248 and 249 of 1968.

Legal Issues

  1. 1 Whether provisions of Section 195(1)(b) and (c), and Section 476 of the Criminal Procedure Code bar the prosecution and trial of the appellant for alleged offences under sections 167, 466, and 471 IPC.
  2. 2 Whether the complaint against the appellant was competent as it was not filed by the court to which he was subordinate nor in accordance with section 476 of the Code.

Ratio Decidendi

Section 195(1)(b) and (c) CrPC have no application to charges under Sections 167 and 466 IPC against the appellant, and do not bar the court from taking cognizance of the offence under Section 471 IPC, as the appellant was not a party to any proceeding in any court. Section 476 also does not apply, because the conditions triggering it are absent.

Court Disposition

Appeal dismissed

Orders

  • The order of the High Court is confirmed.
  • Appeal is dismissed.