AMAR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition for quashing the complaint in which the allegations were for the offence punishable under Section 195 and 211 I.P.C. This petition can be disposed of on the law point only, viz, whether the complaint under Sections 195 and 211 I.P.C. at the instance of a private party was tenable.

(2.) SECTION 195(l)(b)(i) Cr.P.C. provides that no Court shall take cognizance of offence under Sections 193 to 196, 211, (and other sections of I.P.C. which detailed reference is not necessary), except on the complaint in writing of the Court, or some other Court to which the said Court is subordinate. Since there is a total bar to take cognizance in respect of a complaint as stated above, this complaint by private party was not tenable. It appears that the learned Magistrate was not aware of these provisions, and has wrongly enough issued the process under Sections 195 and 211 I.P.C. by order dated 31.5.1994. The exercise of jurisdiction by the Magistrate was without jurisdiction. The petition is, therefore, allowed and the complaint dated 1 1.1994 pending therefore, allowed and the complaint dated 17.1.1994 pending before the Judicial Magistrate 1st Class, Batala, is quashed.