VidhiSangh

Supreme Court of India · 04/02/2019

SH. NARENDRA KUMAR SRIVASTAVA versus THE STATE OF BIHAR & ORS.

[2019] 2 S.C.R. 643 · 2019 INSC 132

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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

  1. Whether a Magistrate could take cognizance under Section 193 IPC on a private complaint concerning allegedly false affidavits in judicial proceedings.
  2. Whether the exception concerning pre-production forgery avoided the statutory bar.

Provisions considered

Held

Result

Appeal disposed of: High Court order setting aside the Magistrate’s cognizance upheld, but costs imposed by the High Court set aside.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 643.