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3 revn162.12 & wp714.13

3. The applicant filed complaint under Section 200 of the Code of Criminal Procedure praying that the non-applicant be punished for the offence punishable under Section 211 of the Indian Penal Code, on the following accusations :

6. Shri Ramesh Mohod, Advocate for the applicant has submitted that the learned Additional Sessions Judge has committed an error in concluding that the complaint filed by the applicant is not maintainable in view of the provisions of Section 195(1)(b)(i) of the Code of Criminal Procedure. The learned Advocate has relied on the judgment given by the Hon'ble Supreme Court in the case of M.L. 7 revn162.12 & wp714.13 Sethi vs. R.P. Kapur and another reported in AIR 1967 SC 528 and has submitted that one of the condition necessary to attract the bar of Section 195(1)(b) of the Code of Criminal Procedure is that the offence under Section 211 of the Indian Penal Code has to committed in pending proceeding. It is submitted that the bar of Section 195(1)

13 revn162.12 & wp714.13 The Hon'ble Supreme Court recorded that on the date on which offence punishable under Section 211 of the Indian Penal Code was committed as alleged, there were no proceedings in any Court and, therefore, the bar created by Section 195(1)(b) of the Code of Criminal Procedure would not be attracted. In that case, complaint praying that the accused be punished for offences punishable under Sections 204, 211 and 385 of the Indian Penal Code was filed on 11 th April, 1959 and till that time the accused was neither arrested nor produced before the Court.