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Supreme Court of India · 18/08/2017

STATE OF GOA versus JOSE MARIA ALBERT VALES @ ROBERT VALES

[2017] 14 S.C.R. 163 · 2017 INSC 776

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Summary

A judicial complaint under Sections 340 or 341 CrPC is ordinarily dealt with as a case instituted on a police report under Section 343(1). Its flexible wording permits a sparingly used summary inquiry when materials are inadequate, but does not import the separate complaint-case procedure under Chapter XIX-B. The Court restored a perjury charge quashed for failure to examine all prosecution witnesses before charge.

Issues

  1. Whether Section 244 pre-charge evidence requirements governed a judicial perjury complaint.
  2. What flexibility the words as far as may be conferred under Section 343(1).

Provisions considered

Held

Result

State appeals allowed; High Court order set aside. Magistrate directed to proceed from framing of charge under Section 343(1), without any Supreme Court finding on the charge’s merits.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 163.