P.D. Lakhani & Anr vs State Of Punjab & Anr on 22 April, 2008
In P.D. Lakhani's case (supra) the Hon'ble Apex Court, while
discussing the applicability of Section 195 Cr.P.C. has categorically held
that in a case where the criminal complaint is made to the Superintendent of
Police who sent the same to the SHO and the SHO found the complaint to be
false and filed a complaint under Section 182 IPC before the magistrate
against the complainant, in such a circumstance the said complaint is liable
to be dismissed as no complaint could be lodged by the SHO. It has been
held therein that under Section 195 Cr.P.C. the complaint could be filed
either by the Superintendent of Police or an officer superior to him and not
by an inferior officer.