HAR NARAIN Vs. HOSHIAR SINGH

JUDGEMENT

(1.) In this case complaints were filed under Section 193, Indian Penal Code, against the applicants in respect of previous statements made by them under Section 164, Criminal P.C., before a Magistrate. The Magistrate had not himself filed any complaint. The accused took objection that the Court had no power to take cognizance of the offence without such a complaint, but his objection was rejected summarily on the ground that Section 195, Criminal P.C. had no application. The learned Sessions Judge is of the opinion that the prosecution of the applicants is barred by the provisions of Section 195, Criminal P.C. As no direct case on this point was cited before the learned Single Judge, the case has been referred to a Division Bench.

(2.) Section 195(1)(b) provides that no Court shall take cognizance of any offence punishable under Section 193, Indian Penal Code, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, except on the complaint, in writing of such Court or of some other Court to which such Court is subordinate. Then Sub-section (2) provides that the term "Court" includes a civil, revenue or criminal Court, but does not include a registrar or sub-registrar under the Indian Registration Act, 1877. The main question therefore is whether the recording of the statement under Section 164, Criminal P.C., before the Magistrate was a proceeding in a Court (within the meaning of the section.

(3.) Now the word "Court" has not been defined in the Code, nor in the General Clauses Act. There is a definition in Section 3, Evidence Act, where Court includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence. But this definition cannot directly apply to the word "Court" used in the Criminal Procedure Code though it may be some guide. Section 6 of thq Code lays down that Magistrates constitute one of the classes of criminal Courts. Even a Bench Magistrate, who is invested with first class powers, has the ordinary powers of a Magistrate of the first class as enumerated in Schedule 3, which include power to record statements under Section 164.