(1.) Heard the learned Counsel for the petitioner and the learned Counsel for the respondent. The facts of the case are as follows:-
(2.) The learned Counsel for the petitioner draws attention to a five-judge bench decision of the apex court addressing the question as to how the bar under section 195(1)(b)(ii) would be attracted and would submit that having regard to the tenor of Section 195 of the Cr. P.C., the present case alleged by the respondent - the complainant is that, on the basis of a false document or the false memo filed before the Court of the Magistrate, the complaint filed by the respondent stood abated and the case was closed. Therefore, it would constitute an offence punishable under Section 192 of the IPC. Secondly, the bar under Section 195 Cr. P.C. would apply. In that, the court below could not have taken cognizance of the case on the basis of a private complaint in the light of a special procedure being directed insofar as the prosecution for an offence punishable under Section 192 IPC is concerned. Therefore, he would submit that the entire proceedings are a nullity and ought to be quashed.
(3.) The learned Counsel for the respondent, on the other hand, would submit that there can be no quarrel with the legal proposition and that the matter be remitted to the court below in order that the proper procedure be followed and action be taken in due course.