Court Emphasizes Mandatory Court Complaint Requirement for Section 211 IPC Offences
In a significant ruling, the Rajasthan High Court (Jaipur Bench) has quashed the proceedings against Dev Narayan Gurjar, who was charged under Section 211 of the Indian Penal Code (IPC) for allegedly filing a false complaint. The decision, delivered by Justice Anoop Kumar Dhand, underscored the necessity for a written complaint from the concerned court to take cognizance of offences under Section 211 IPC, pursuant to Section 195(1)(b)(i) of the Criminal Procedure Code (Cr.P.C.).
The petitioner, Dev Narayan Gurjar, had initially lodged a criminal complaint against officials of the Jaipur Vidyut Vitran Nigam Limited, alleging forgery in the handling of his examination OMR sheets. Upon investigation, the police submitted a 'Negative' final report, which was accepted by the Magistrate. Subsequently, the SHO of Jyoti Nagar Police Station filed a complaint against Gurjar for filing a false complaint. However, this complaint was filed without the requisite written authorization from the court where the alleged false complaint was originally filed.
Justice Dhand highlighted that the offence under Section 211 IPC is non-cognizable and necessitates a court's written complaint for cognizance to be taken, as per Section 195(1)(b)(i) Cr.P.C. The judgment referenced past cases, including the Supreme Court's ruling in M. S. Ahlawat v. State of Haryana, reinforcing that such provisions are mandatory to prevent misuse of the legal process and to protect the integrity of judicial proceedings.
The court found that the SHO's complaint lacked jurisdictional backing, and the Magistrate's cognizance of the same was contrary to the statutory requirements. As a result, the proceedings and the impugned order were deemed unsustainable and were consequently quashed.
This judgment reiterates the court's stance on maintaining procedural sanctity and preventing unauthorized prosecutions, thereby safeguarding the administration of justice.
Bottom Line:
Section 211 IPC and Section 195(1)(b)(i) Cr.P.C. - Cognizance of offence under Section 211 IPC cannot be taken unless a complaint is made by the concerned court where the alleged offence was committed - SHO does not have the authority to file a complaint under Section 211 IPC directly, and Magistrate cannot take cognizance in such cases without compliance with Section 195(1)(b)(i) Cr.P.C.
Statutory provision(s):
- Section 211, Indian Penal Code (IPC)
- Section 195(1)(b)(i), Criminal Procedure Code (Cr.P.C.)
Dev Narayan Gurjar v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2833167
