Summary
A private complaint alleging false affidavits in High Court contempt proceedings could not support cognizance under Section 193 IPC. The mandatory court-complaint requirement in Section 195(1)(b)(i) CrPC applied. The rule concerning forgery committed before a document was produced in court arose under a distinct clause and did not assist the complainant. Quashing of cognizance was upheld, but the High Court’s costs order was set aside.
Issues
- Whether a Magistrate could take cognizance under Section 193 IPC on a private complaint concerning allegedly false affidavits in judicial proceedings.
- Whether the exception concerning pre-production forgery avoided the statutory bar.
Provisions considered
- Section 195(1)(b)(i) and (ii), Code of Criminal Procedure, 1973False evidence in or in relation to court proceedings required the specified written court complaint; it was distinct from the document-forgery category. (¶¶ 11–13, 19–23)
- Section 340, Code of Criminal Procedure, 1973The provision prescribed the court-complaint procedure and required consideration of expediency in the interests of justice. (¶ 14–18)
Held
- The alleged Section 193 offence concerning the show-cause affidavits fell under Section 195(1)(b)(i). The Magistrate lacked jurisdiction to take cognizance on this private complaint; compliance with the prescribed written complaint requirement was mandatory. (¶¶ 19–20, 23)
- Sachida Nand Singh concerned Section 195(1)(b)(ii) and forgery before production of a document in court. The distinct false-evidence category in clause (i) governed here, so that precedent did not remove the bar. (¶ 20–23)
- Perjury prosecution required judicial discretion and expediency in the larger interests of administration of justice. An incorrect statement alone did not compel prosecution; deliberate material falsehood and a reasonable foundation for the charge were necessary considerations. (¶ 15–19)
Result
Appeal disposed of: High Court order setting aside the Magistrate’s cognizance upheld, but costs imposed by the High Court set aside.