M. L. SETHI versus R. P. KAPUR & ANR.

M. L. SETHI versus R. P. KAPUR & ANR.

On the date the Magistrate took cognizance of the complaint under section 211 IPC, there was no proceeding pending in any court nor any order by any Magistrate in connection with the police report, so section 195(1)(b) Cr.P.C. was not attracted; the Magistrate was not barred from taking cognizance.

Parties
Appellant: M. L. Sethi; Respondent No. 1: R. P. Kapur; Respondent No. 2: O. P. Rana
Jurisdiction
India
Judgment Date
23 September 1966
Procedural Posture
Criminal Appeal / Appeal From the Judgment and Order Dated January 13, 1965 of the High Court at Allahabad in Criminal Revision No. 1318 of 1964.
Outcome
Appeal dismissed.
Legal Topics
Cognizance by Magistrate, Section 195(1)(b) Criminal Procedure Code, Section 211 Indian Penal Code
Criminal Law Criminal Procedure Cognizance by Magistrate Section 195(1)(b) Criminal Procedure Code Section 211 Indian Penal Code

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Parties

M. L. Sethi

Appellant

R. P. Kapur

Respondent No. 1

O. P. Rana

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal From the Judgment and Order Dated January 13, 1965 of the High Court at Allahabad in Criminal Revision No. 1318 of 1964.

Legal Issues

  1. 1 Whether a Magistrate is barred by section 195(1)(b) of the Code of Criminal Procedure from taking cognizance of an offence under section 211 of the Indian Penal Code when no court proceeding was pending at the time of the allegedly false police report.

Ratio Decidendi

On the date the Magistrate took cognizance of the complaint under section 211 IPC, there was no proceeding pending in any court nor any order by any Magistrate in connection with the police report, so section 195(1)(b) Cr.P.C. was not attracted; the Magistrate was not barred from taking cognizance.

Court Disposition

Appeal dismissed.

Orders

  • The complaint filed by the respondent was competent and the Judicial Magistrate was right in taking cognizance of the offence.
  • No bar by section 195(1)(b) Cr.P.C. to the proceedings.