Teesta Atul Setalvad vs State Of Gujarat on 1 July, 2023
Author: Nirzar S. Desai
offence described in Section 463 or punishable under Section 471 , Section 475 or Section 476 of the said Code, when such offence is alleged ... a court of justice ( Sections 205 and 211 IPC). This being the scheme of two provisions or clauses of Section 195 viz. that
them for the offence
punishable under Sections 181, 420, 465, 468 and 471 read with Section
34 of IPC. The learned Sessions Judge ... under Sections 181 , 420 , 465 , 468 and 471 of IPC against the accused.
Section 195 of Cr.P.C. provides for the manner
Section 340
read with Section 195 CrPC are required to be invoked alleging
that the offence punishable under Section 463 , 471 , 475 or 476
IPC ... invocation of Section 463 IPC and other allied sections. Section
463 , as referred in Clause (b)(ii) of Section 195 CrPC, refers
cognizance under Sections 193 , 196 , 200 , 206 , 207 , 209
IPC. As per Section 195 Cr.P.C., there is a specific ... Sections 193 , 196 , 200 , 206 , 207 , 209
IPC. At this juncture, it is relevant to extract Section 195 Cr.P.C:-
195. Prosecution
Indian
Penal Code by them in course of the proceeding of a civil suit, on the
ground that Section 195(1)(b)(ii) Criminal Procedure ... cognizance--
(a) ***
(b) (i) of any offence punishable under any of the following sections of
the Indian Penal Code (45 of 1860), namely, sections
sections 420 , 467 , 468 , 471 , 120-B , 506 , 166 , 167 , 192 , 193 , 194 , 195 , 198 ,
201 , 203 , 217 , 218 , 219 and 342 of Indian Penal ... 195 , 198 , 201 , 203 , 217 , 218 , 219 and 342 IPC. A copy
of the complaint is annexed with the petition as Annexure
raised by Section 195 Cr.P.C. It was contended that since
an offence punishable under Section 166 IPC was alleged to have ... writ petition, only
a complaint as envisaged by the provisions of Section 195 Cr.P.C. would be
maintainable and a private complaint would
195, 195(A), 196, 197, 198, 199, 200,
201, 204 AND 506(B) OF IPC PENDING ON THE FILE OF
III ADDITIONAL CHIEF ... Sec.195 ,
195(A) , 196 , 197 , 198 , 199 , 200 , 201 , 204 and 506 (B) of IPC.
Taking exception to the same, accused
Section 188 IPC, there is a bar from taking cognizance for the
offence under Section 188 IPC as per Section 195 ... Section 195(1)(a)(i) Cr.P.C., mandates that no Court shall take cognizance
of the offence under Sections 188 IPC except