LAWS(KAR)-2005-9-60

MUSTHAN BEE Vs. H AMIR PASHA

Decided On September 15, 2005
MUSTHAN BEE Appellant
V/S
H.AMIR PASHA Respondents

JUDGEMENT

(1.) PETITIONER being accused No. 1 in C. C. No. 5/2005 (P. C. No. 18/4) pending on the file of Prl. Civil Judge (Junior Division) and j. M. F. C. , Hospet, has sought for quashing the proceedings. The Trial Court has issued process against the accused for the offences punishable under sections 120-B, 420, 193 read with section 34 of i. P. C. The complaint discloses that the accused has given a false affidavit before the Executive Officer of Town Panchayat and got her name mutated to the exclusion of the complainant. On coming to know of the said fact, the private complaint is lodged, alleging the aforesaid offences.

(2.) THE principle contention raised by the petitioner is that the Court should not have taken cognizance of the offence except on the complaint in writing by the authority concerned. According to the petitioner, as the offence is committed before the Executive Officer of Town panchayat, the said officer should lodge the complaint. In other words, the Court should not have taken the cognizance of the offence based on the private complaint lodged by the private person i. e. , respondent herein.

(3.) SECTION 193 of I. P. C. does not come within the purview of section 195 (l) (a) of Cr. P. C. Hence, the authority concerned need not file complaint. However, section 193, I. P. C. falls under section 195 (l) (b) of Cr. P. C. It is relevant to note the provisions of section 195 (l) (b)and section 195 (3) of Cr. P. C. at this stage. Section 195 (l) (b) and section 195 (3)of Cr. P. C. read thus :