RAKHI PANDEY Vs. KANKAR GHOSH

JUDGEMENT

(1.) The Judgment of the Court was as follows : Heard the learned Advocates appearing for the parties.

(2.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 assailing the order dated 5th September, 2005 passed by the learned Judicial Magistrate, 1st Class-ll, Port Blair, District-Andaman in C.R. No. 58/2005 whereby and whereunder the learned Court below issued the process against the present petitioner herein for allegedly committing an offence punishable under Section 182/191/193/200 of Indian Penal Code on the basis of the petition of complaint as filed under Section 200 of the Code of Criminal Procedure by the complainant therein alleging inter alia about filing of a false affidavit in a civil proceeding with reference to a Money Suit in connection with a partnership business which was being run by the present petitioner and the respondent-complainant herein under the name and style "Kim Beauty Parlour". The only point has been urged before this Court about jurisdiction of the learned Magistrate below to entertain the complaint filed by the complainant with reference to an issue namely the filing of an affidavit before the civil Court. To address this question, the statutory provision should be looked into first. Section 195 of the Code of Criminal Procedure, 1973 for brevity referred to as Cr.P.C. hereinafter, provides a statutory embargo of taking cognizance of any offence as detailed thereto until and unless a complaint in writing is filed by the public servant and/or the Court concerned as the case may be in terms of the alleged commission of offence under the Indian Penal Code as mentioned thereto. To appreciate the issue Section 195 of Cr.P.C. is set out herein below in extenso : -

(3.) Learned Court below issued the process by taking cognizance of the offence under Sections 182, 191, 193 and 200 of the Indian Penal Code. Amongst those offences cognizance of which was taken. Section 182 of the Indian Penal Code has been mentioned in Section 195 (a)(i) of the Code of Criminal Procedure, 1973 which provides an embargo that except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate no Court should take cognizance of the said offence. Section 182 of the I.P.C. relates to an offence on false information with intent to cause public servant to use his lawful power to the injury of another person.