Please help
Querist :
Anonymous
(Querist) 26 November 2010
This query is : Resolved
Dear sir,
I have filed the criminal complaint u/s 191,,192,197,199,200 and 209 punishable u/s 193 as a private complaint filed with ACJM, first he refursed to take that complaint and after that when we shown him the SC guidelines then he accepted and register my case.Now the cazse is at charge framing stage. now today again he asked for that guidelines, as my advocate is on leave , can any one can help me by giving such guidelines to proceed further.
Treat as most urgent please.
with regards
Guest
(Expert) 26 November 2010
section 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
(1) No court shall take cognizance-
(a).............
(b)
(i) Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or
(ii) Of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or
(iii) Of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that court, or of some other court to which that court is subordinate.
so as per my opinion,... cognizane cant be taken under sbove mentioned sections of IPC on private complaint..... Section 340 Cr.P.C. procedure should followed,.
i m waiting for reply of other experts.
Ajay Bansal
(Expert) 27 November 2010
SEC. 195 Cr.P.C. HITS YOUR COMPLAINT.
Querist :
Anonymous
(Querist) 27 November 2010
Dear sir,
There is some SC guideline that we can file the said offence in any other court directly. Kindly tell me if any such guidelines is there so.
With regards
Advocate. Arunagiri
(Expert) 29 November 2010
You can not file this as a private complaint. Only the presiding officer of the court before whom the offense was committed alone having the power to make the complaint.
