palpably false statement made by the respondent

PERUMAL v. JANAKI 

(Criminal Appeal No.169 of 2014) JANUARY 20, 2014. 

CODE OF CRIMINAL PROCEDURE, 1973: 

ss.195, 340 – Private complaint – Maintainability Private complaint against respondent-police officer by appellant praying for trial of the respondent u/s.193, IPC on the ground that the appellant was prosecuted in a criminal case on the basis of a palpably false statement made by the respondent – Magistrate dismissed the complaint on the ground that in view of ss.195 and 340, the complaint of the appellant was not maintainable – High Court affirmed the same – Held: In the light of the language of s.195, the conclusion of the Magistrate in dismissing the complaint for the reason that the complaint is not filed by the person contemplated u/s.195 is correct – As a matter of fact, the Court before whom the instant complaint was lodged was not the same Court before whom the appellant was prosecuted by the respondent – However, both s.195(1) and s.340(2) authorise the exercise of power conferred u/s.195(1) by any other court to which the court in respect of which the offence is committed is subordinate to – The High Court, being constitutional court, invested with the powers of superintendence over all courts within the territory over which it exercises its jurisdiction is certainly a Court which could have exercised the jurisdiction u/s.195(1) – High Courts not only have the authority to exercise such jurisdiction but also have an obligation to exercise such power in appropriate cases – Therefore, matter remitted to High Court for appropriate course of action to initiate proceedings against respondent on the basis of the complaint of appellant in accordance with law – 

Penal Code, 1860 – ss.191, 193.On a complaint of one ‘N’ that the appellant enticed her of marrying her and had sexual interaction and on account of that ‘N’ became pregnant, a case was registered against the appellant under Sections 417 and 506(i) IPC by the respondent-sub-inspector. The respondent thereafter filed a charge sheet with an assertion that the appellant was responsible for making ‘N’ pregnant. The Magistrate dismissed the complaint and appellant was acquitted of both the charges. The High Court affirmed the same. Thereafter, the appellant filed a complaint under Section 190, Cr.P.C. praying that the respondent be tried for an offence under Section 193 IPC. The complaint was dismissed on the ground that in view of Sections 195 and 340 Cr.P.C. the complaint of the appellant was not maintainable. The High Court affirmed the order of dismissal of complaint. The instant appeal was filed challenging the order of the High Court.