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SH. NARENDRA KUMAR SRIVASTAVA vs. THE STATE OF BIHAR & ORS.

SCR Citation: [2019] 2 S.C.R. 643
Year/Volume: 2019/ Volume 2
Date of Judgment: 04 February 2019
Petitioner: SH. NARENDRA KUMAR SRIVASTAVA
Disposal Nature: Appeals Disposed Off
Neutral Citation: 2019 INSC 132
Judgment Delivered by: Hon'ble Mr. Justice S. Abdul Nazeer
Respondent: THE STATE OF BIHAR & ORS.
Case Type: CRIMINAL APPEAL /211/2019
Order/Judgment: Judgment
1. Headnote

Code of Criminal Procedure, 1973 – ss.340 and 195 – Penal Code, 1860 – s.193 r/w. s.34 – False Evidence – Appellant alleged non-compliance of a High Court’s order dated 29.06.2014 by the respondents and filed contempt petition against them – Respondents filed a show cause showing compliance of the order dated 29.06.2014 – Accordingly, contempt proceedings were dropped –Thereafter, appellant filed private complaint against the respondent no.2 to 4 u/s. 193 r/w. s.34 of IPC alleging that respondents had made false and wrong statement in their show-cause affidavit before the High Court – Magistrate took cognizance of an offence punishable u/s. 193 of IPC on basis of the private complaint –Respondent Nos. 2 to 4 filed criminal revision petition before the High Court against the order of the Magistrate – High Court seaside the order of the Magistrate – On appeal, held: Supreme Courtin M.S. Ahlawat case held that private complaints are absolutely barred in relation to an offence said to have been committed u/s.193 of IPC and that the procedure prescribed u/s.195 of Cr.P.C.are mandatory – Also, s.340 Cr.P.C. makes it clear that prosecution under this section can be initiated only by the sanction of the court under whose proceedings an offence referred to in s.195(1)(b) has allegedly been committed – The case in hand squarely falls within the category of cases falling u/s.195(1)(b)(i) of the Cr.P.C. as the offence is punishable u/s. 193 of the IPC – Thus, Magistrate erred in taking cognizance of the offence punishable u/s.193 of the IPC on basis of a private complaint – High Court rightly set aside the order of the Magistrate – Perjury.

2. Case referred
3. Act
  • Code Of Criminal Procedure, 1973 (2 of 1974)
  • Indian Penal Code, 1860 (45 of 1860)
4. Keyword
  • Cr.P.C
  • ss.340 and 195
  • Penal Code
  • 1860
  • s.193 r/w. s.34
  • False Evidence
5. Equivalent citation
    Citation(s) 2019 AIR 2675 = 2019 (3) SCC 318 = 2019 (3) Suppl. SCC 318 =