Tuesday, 11 September 2018

2003 P Cr. L J 1242

---Ss. 195 (1) (a) (b) & 561-A Penal Code (XLV of 1860), Ss. 199 & 200 – Quashing of proceedings – Application for ---Direct complaint against applicants on allegation that applicants had sworn false affidavits --- Court issued process against the applicants for an offence punishable under Ss. 199 & 200, P. P. C. ---Under mandatory provisions of S. 195 (1) (a) (b), Cr. P. C., in offences punishable under Ss. 199 & 200, P. P. C., no cognizance could be taken by any Court except upon complaint in writing of such Court where said offences were committed or some other Courts to which such Court was subordinate – Private person had no authority to file a complaint in view of provisions of S. 195 (1) (a) (b), Cr. P. C. --- Court to which private complaint was filed having no jurisdiction to take cognizance on such complaint, proceedings before said Court being abuse of process of Court, same were quashed, in circumstances.

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