VINESH VYAS Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 397 read with Section 401 and Section 482 of the Criminal Procedure Code, 1973 to call for the records of case of C.C. No.2/04 pending in the Court of Special Judge, Delhi and setting aside of order on charge dated 27.10.2006 and the consequent framing of charge against the petitioner under Section 193/120B IPC.

(2.) It is the case of the petitioner that even if it is presumed that he has committed the offences alleged against him, cognizance of those offence could not have been taken by the Special Judge in view of Section 195 of the Code of Criminal Procedure except upon filing of a complaint in writing by that Court or by such officer of the Court as that court may authorize in writing in this behalf or of some other Court to which that Court is subordinate. It is submitted that, admittedly, no complaint has been filed by the Special Judge or by any other officer authorized by that Court in relation to the allegation made against the petitioner by the complainant, after taking a decision under Section 195 Cr.P.C.

(3.) Both sides have relied upon the judgment delivered by the Hon'ble Supreme Court in Iqbal Singh Marwah & Anr. Vs. Meenakshi Marwah & Anr., 2005 4 SCC 370. It would be appropriate to take note of the following paragraphs of the aforesaid judgment: