Hi All,
A brief about a matter is as below:
- Initially defendants succeeded in getting Anticipatory Bail for false cases filed under section 498a & Oth. from Session Court on term that all defendants will remain present on particular date in front of Investigation Officer at Police Station.
- As per Session Court’s Order all defendants visited to Police Station to cooperate in investigation to Investigation Officer however Investigation Officer with collision with 498a gang (i.e. my wife and in laws) submitted false petition for cancellation of anticipatory bail claiming that defendant remained absent on said date and hence breached condition of Court for AB.
- Based upon false submission from IO, Session Court has cancelled Anticipatory Bail for all defendants.
- Defendants later approached to Honorable High Court to challenge Session Court Order. Based upon proofs submitted, honorable HC set aside Session Court’s Order.
- Later defendants approached to JMFC with a complaint against concerned IO under section 195 & Oth. which was return by JMFC with a remark that complainant should file a complaint into Session Court as the crime did happened in four wall of Session Court and this Court is not empower to take a decision in present case.
- Matter is now in Session Court however Judge from Session Court is of opinion that Session Court is not empower to take cognizance under section 195 in present case and Session Court can accept complaint only under special clauses (like Rape, Corruption etc.)
My query to all experts on this forum is that which court is empower to take complaint in u/s 195 & Oth. either JMFC or Session Court in a case as explained above.
I would appreciate if any expert can share “Case Laws” in similar matter, if you have already.
Appreciate your thoughts on this matter.
Many Thanks in advance!
