STATE OF U.P. versus MATA BHIKH AND ORS.

STATE OF U.P. versus MATA BHIKH AND ORS.

A successor in office of the public servant concerned is eligible in law to file a complaint under Section 195(1)(a) Cr.P.C. Any other interpretation would create difficulties when the original officer retires, is transferred, or otherwise leaves office.

Parties
Appellant: State of U.P.; Respondents: Mata Bhikh and Ors.
Jurisdiction
India
Judgment Date
09 March 1994
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court From Allahabad High Court Judgment in Criminal Revision
Outcome
Appeal allowed
Legal Topics
Interpretation of 'public Servant Concerned' Under Section 195(1)(a) Cr.p.c., Successor in Office Filing Complaints, Jurisdiction for Complaints Under Section 188 IPC
Criminal Law Interpretation of 'public Servant Concerned' Under Section 195(1)(a) Cr.p.c. Successor in Office Filing Complaints Jurisdiction for Complaints Under Section 188 IPC

Case Brief

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Parties

State of U.P.

Appellant

Mata Bhikh and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal Before Supreme Court From Allahabad High Court Judgment in Criminal Revision

Legal Issues

  1. 1 Whether a successor in office of a public servant can file a complaint for non-compliance of his predecessor's orders under Section 195(1)(a) Cr.P.C.

Ratio Decidendi

A successor in office of the public servant concerned is eligible in law to file a complaint under Section 195(1)(a) Cr.P.C. Any other interpretation would create difficulties when the original officer retires, is transferred, or otherwise leaves office.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Allahabad High Court is set aside.
  • Respondents are admonished under Section 3 of the Probation of Offenders Act, instead of undergoing the sentence passed by the trial and appellate courts.