Madhya Pradesh High Court
Krishna Gopal vs Ashok Kumar Judgement Given By: Hon'Ble ... on 10 September, 2013
M.Cr.C. No.4976/2009
10.09.2013 Shri P.K. Saxena, counsel for the applicant.
None for the respondent. Though, notice of this
petition is served upon the respondent.
Heard the learned counsel for the applicant finally. The applicant has challenged the order dated 17.1.2007 passed by the learned J.M.F.C. Deori in Criminal Case No.279/05, whereby the application under Section 195 of Cr.P.C. filed by the applicant was dismissed.
The prosecution's case, in short is that, one order was passed by this Court in Civil Revision No.2668/98 and the applicant has submitted a false affidavit before the lower Court therefore, the respondent had lodged a criminal complaint against the applicant, which was registered for the offence punishable under Section 465 of IPC.
After considering the submissions made by the learned counsel for the applicant, it is apparent that for the offence punishable under Section 465 of IPC, the Provisions of Section 195 of Cr.P.C. are not applicable. The trial Court has rightly dismissed the application of the applicant under Section 195 of Cr.P.C. If any offence committed under Sections 172 to 283, 193 to 196, 199 to 200, 205 to 211 and Section 228 of IPC then, a sanction of the concerned Court is required. It is further mentioned in that section that, if any offence is described in Section 463 of IPC and punishable by Sections 471, 475 or 476 of IPC and it is alleged that the offences were committed in respect of a document produced or given in evidence in a proceeding in any Court, then a criminal complaint is required from such officers of the Court. A complaint is registered only for the offence punishable under Section 465 of IPC, which is nothing to a penal section for the offence constituted under Section 463 of IPC and therefore according to the Provisions of Section 195 of Cr.P.C., no complaint could be filed by the complainant. A complaint was required from the side of the concerned Court, in which a false affidavit was filed. It is nowhere established that any complaint was filed by the Court concerned. On the contrary, it appears that the complaint was filed by the respondent.
Under such circumstances, the complaint filed by the respondent against the applicant, which was registered for the offence punishable under Section 465 of IPC was not maintainable as per the Provision of Section 195 of Cr.P.C.
On the basis of aforesaid discussion, the petition filed by the applicant appears to be acceptable. Consequently, the petition under Section 482 of Cr.P.C. filed by the applicant Krishna Gopal is hereby allowed. The proceedings pending before the J.M.F.C. Deori in Criminal Case No.279/05 are hereby quashed and therefore, the complaint is dismissed.
The learned J.M.F.C. Deori is directed to stop the proceeding which was registered for the offence punishable under Section 465 of IPC.
Copy of the order be sent to the trial Court for information and compliance.
(N.K. GUPTA) JUDGE pnkj