Madhya Pradesh High Court
Smt. Lalita Yadav vs The State Of Madhya Pradesh on 11 September, 2014
M.Cr.C. No. 76/2014 Smt. Lalita Yadav and others Vs. The State of Madhya Pradesh 11.9.2014
Shri Sanjay K. Sharma, Advocate for the applicants. Shri R.N. Yadav, Panel Lawyer for the State.
Heard finally with the consent of the learned counsel for the parties.
The applicants have invoked the extraordinary jurisdiction of this Court under Section 482 of the Cr.P.C. being aggrieved by registration of Crime No. 643/2013 for the offences punishable under Sections 341, 294, 506, 147, 323, 195-A of the IPC at P.S. Gorakhpur, District Jabalpur.
The facts, in short, giving rise to this petition are that complainant Rajwant Kaur lodged a report against the applicants alleging that the applicants restrained her on the way, abused, assaulted and threatened her because she was not taking back the criminal case pending against them. On the basis of the aforesaid report, instant crime has been registered against the applicants, hence this petition.
Learned counsel for the applicants has submitted that the cognizance of the offence under Section 195-A of the IPC cannot be taken by the Police/Court without filing private complaint as provided under Section 195-A of the Cr.P.C. All the other offences are stated to have been committed during the same course for due to non- withdrawal of criminal case pending against the applicants, in these circumstances, the Police Officer cannot enquire into the other offences under Sections 341, 294, 506, 147, 323 of the IPC, therefore, the impugned FIR, Crime No. and further proceedings thereof be quashed.
Learned Panel Lawyer for the State has opposed the petition and submitted that it is true that the Police as well as the Court cannot take cognizance of the offence under Section 195-A of the IPC without filing a private complaint by a witness or any other person but the Police/Court can take cognizance of the other offences, therefore, this petition is liable to dismissed so far as it relates to the offences under Sections 341, 294, 506, 147 and 323 of the IPC.
I have gone through the FIR and other facts and circumstances of the case. Section 195-A of the Cr.P.C. reads thus:-
195A. Procedure for witnesses in case of threatening, etc.- A witness or any other person may file a complaint in relation to an offence under section 195A of the Indian Penal Code (45 of 1860).
A bare reading of Section 195-A of the Cr.P.C. makes it clear that a private complaint is necessary for taking the cognizance of the offence under Section 195-A of the IPC but at the same time there is no necessity to file private complaint in respect of the other offences. In these circumstances, in my opinion, the Police has mistakenly registered the case under Section 195-A of the IPC and same is liable to be set aside. Other offences are cognizable and triable by the competent Court without any private complaint. In these circumstances, the impugned Crime No.643/2013 is liable to be set aside so far as it relates to Section 195-A of the IPC.
Consequently, this petition is partly allowed. Crime No. 643/2013, so far as it relates to Section 195-A of the IPC, is hereby set aside, however, the trial of Crime No. 643/2013 shall remain continued with respect to the offences under Sections 341, 294, 506, 147, 323 of the IPC.
This petition is disposed of.
Certified copy as per rules.
(G.S.Solanki) Judge PB