ABDUL REHMAN Vs. K M ANEES UL HAQ

JUDGEMENT

(1.) Leave granted.

(2.) The short question that arises for determination in these appeals is whether the complaint filed by the respondent-complainant against the appellants, alleging commission of offences punishable under Sections 211, 500, 109, and 114 read with Section 34 of Indian Penal Code, 1860 was barred by the provisions of Section 195 of the Code of Criminal Procedure, 1973. The High Court of Delhi has, while dismissing the petition under Section 482 of the Cr.P.C. filed by the appellants held that the complaint in question is not barred and that the Metropolitan Magistrate, Delhi, committed no error of law or jurisdiction in taking cognizance of the offence punishable under Sections 211 and 500 IPC. The appellants who happen to be the accused persons in the complaint aforementioned have assailed the said finding in the present appeal by special leave. The appellants contend that the bar contained in Section 195 Cr.P.C. was attracted to the complaint filed by the respondent inasmuch as the offence allegedly committed by them was "in relation to the proceedings" in the court which the Respondentcomplainant had approached, for the grant of bail and in which the court concerned had granted the bail prayed for by him. What is the true purport of the expression "in relation to any proceedings in any Court" appearing in Section 195(1)(b)(i) of the Code of Criminal Procedure, 1973 and in particular whether the grant of bail to the respondent in connection with the FIR registered against him would attract the bar contained in Section 195 Cr.P.C is all that falls for determination. Before we advert to the provisions of Section 195 of the Cr.P.C., we may briefly set out the facts in the backdrop.

(3.) Appellant-Abdul Rehman lodged a complaint with the Crime against Women (CAW) Cell, Nanakpura, Moti Bagh, New Delhi, accusing the Respondent-K.M. Anees-Ul-Haq and four others of commission of an offence punishable under Section 406 read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The complainant s case is that the accusations made by the appellant in the report lodged with the Women Cell were totally false and fabricated. In particular, allegations regarding demand of dowry as a condition precedent for performance of Nikah between the complainant s nephew and Ms Aliya-appellant No.3 in this appeal were also false and unfounded. It was on that premise that the respondent filed a complaint alleging that the appellants had instituted criminal proceedings against him without any basis and falsely charged him with commission of offences knowing that there was no just or lawful ground for such proceedings or charge and thereby committed offences punishable under Sections 211 and 500 read with Sections 109, 114 and 34 IPC.