PURUSHOTTAM NARAYAN SINGH Vs. NARENDRA KUMAR SRIVASTAVA

JUDGEMENT

(1.) Whether a Court can take cognizance of an offence punishable under Sec. 193 of the Indian Penal Code (hereinafter referred to as the "IPC"), on the basis of a private complaint is the short legal issue, which the present criminal revision application involves. Put differently, the question is as to whether a Court of competent jurisdiction can take cognizance of an offence, punishable under Sec. 193 of the IPC, only on the complaint in writing of a Court when such offence is alleged to have been committed in or in relation to any proceeding of that Court and not otherwise. The answer of the question lies in interpretation of Sec. 195 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.").

(2.) An order, dated 212016, passed by the learned Assistant Chief Judicial Magistrate-VII, Motihari, in Complaint Case No. 1759(C) of 2016, whereby, he has taken cognizance of an offence punishable under Sec. 193 of the IPC, on the basis of private complaint filed by opposite party No. 1 and has summoned the petitioners, who have been arraigned accused in the complaint petition is under challenge in present criminal revision, filed under Sec. 397 read with Sec. 401 of the Cr.P.C.

(3.) The petitioners are officials of Doordarshan and All India Radio. Petitioner No. 3 is Director General, All India Radio at New Delhi, whereas, petitioner No. 2 is an officer, working in the office of the Director General. Petitioner No. 1 is presently working as Deputy Director Programme-Cum-Office Head, Doordarshan Kendra, Patna.