227. Power of superintendence over all courts by the High Court
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
227. Power of superintendence over all courts by the High Court
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
This is a good judgment from Justice Sh. Ashutosh Kumar at Delhi District Court at Rohini Court, Delhi. Many law points are elucidated with support from various orders from Hon’ble Supreme Court and other Courts.
Intro
Knife filed three complaints to Police,
Proceedings
Interestingly, advocate for the husband and his family relied on a catena of 33 judgments.
Advocate for Knife tried to argue that revision petition is not maintainable as per section 397 Cr.P.C since the order framing of charge is an interlocutory order, which was binned by the Hon’ble Judge by saying ‘from law laid down in catena of subsequent judgments which are still valid, it has been well settled that the order framing of charge is not an interlocutory order and hence revision petition against the same would be maintainable.‘
Since the order framing of charge substantially affects the rights of accused and in case the plea of the accused is accepted in revision against order of framing of charge, it would finally culminate the proceedings, thus the order of framing of charge cannot be said to be interlocutory.
In Para 12,
the Judge observed, it is clear that there is no specific allegation of the harassment or beating of the complainant relating to cruelty towards her as defined in section 498A IPC i.e. for fulfillment of dowry demand or to force the complainant to commit suicide.
In Para 14,
it was held, it is clear that the said complaint was pertaining to all incidents of harassment and cruelty towards the complainant which occurred during her stay at matrimonial home and NOT with respect to incident dated 30.07.2013 only, when she was turned out of matrimonial home. Nowhere in the said complaint dated 04.08.2013, the complainant had stated that other incidents of cruelty towards her by in-laws, shall be disclosed subsequently.
… no cruelty relating to dowry demand as envisaged u/s 498A IPC or which may have forced the complainant to commit suicide, is
prima facie made out. Thus from the initial two complaints dated 04.08.2013 and 05.08.2013 of the complainant, no offence u/s 498A, 406 IPC or 506 IPC is made out.
… it was held that first version as disclosed in the complaint is always important for adjudicating as to whether the accused has committed or not committed an offence and if the complaint lacks essential ingredients, lacuna or deficiency, same cannot be filled by obtaining additional complaint or supplementary statement and effort on the part of police to supply deficiency and cover up a lacuna of complaint was totally unwarranted and an abuse of process of law.
In Para 15,
Even as per complainant, she was the only one who was the eye witness to her alleged harassment and beating etc. Statements u/s 161 Cr.P.C of other two material witnesses namely Sub. Maj. Hari Chand (father) and Darshana Devi (mother) of the complainant regarding alleged incidents, are hearsay and will not be admissible in evidence.
It is pertinent to mention that revisionist Neetu Jain [in CR No.53/16 (New No.49934/16)], has not been even named in any of the initial two complaints. There is no allegation against Neetu Jain for causing simple hurt to complainant in any of the two initial complaints. There is no MLC of the complainant on record regarding any of her alleged beatings or torture.
Nowhere in the initial two complaints, the complainant has alleged that the revisionist/husband Shasak Jain had extended any threat to kill her, as a result of which any alarm was caused to her. Thus no offence u/s 506 IPC is made out against the revisionist Shasak
Jain.
In none of the initial two complaints the complainant had alleged that she had entrusted her istridhan articles including gold jewellery to revisionist Rekha Jain and Neetu Jain. Rather in the third complaint only she has stated so and in the last she has stated that the said jewellery is with her motherinlaw now. As already discussed above, third complaint in this regard cannot be looked into as the same appears to be improvement.
However from the allegations in the first complaint, prima facie offence u/s 323/34 IPC is made out against the revisionists Shasak Jain and Rekha Jain, since no MLC is required for proving the offence u/s 323 IPC.
[pdf-embedder url=”http://www.shadesofknife.in/wp-content/uploads/2018/04/Smt.-Rekha-Jain-vs-The-State-on-12-September-2017.pdf” title=”Smt. Rekha Jain vs The State on 12 September, 2017″]
Read the other Judgments cited in this order here.
[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]
Here is list of Bare acts along with any available Amendments to same, dealing with Family and Matrimonial Laws.
The below are the Procedural Codes followed in India
MASTER SITEMAP here.
Here is the complete Indian Evidence Act, 1872
Is it a crime to lie under oath in India?
Yes.
Any person can ‘seek the Public Servant to initiate Perjury Proceedings’
Section 340 of Cr.P.C. contains the law procedure that has to be followed in Perjury proceedings. The provision from BNSS is Section 379.
Section 195 of Cr.P.C contains offences against public justice and for offences relating to documents given in evidence.
Court can initiate Perjury Proceedings, Suo moto
Section 344 of Cr.P.C contains the law procedure that the Court can invoke against any witness appearing in such proceeding who had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding.
These are 30+ various provisions under the Indian Penal Code (IPC) that cater to definition and punishment for various perjuries of opposite parties and other public servants.
As per CrPC sec 195(1)(a), the following is the list of 18 provisions of contempt to the lawful authority of public servants. Key here is, a complaint can only be filed by such public servant or by a superior officer of such public servant. Generally Police folks and their bosses, but there is not much history of police filing complaints to Court for the following offences.
IPC 172: Absconding to avoid service of summons or other proceeding
IPC 173: Preventing service of summons or other proceeding, or preventing publication thereof
IPC 174: Non-attendance in obedience to an order from public servant
IPC 174A: Non-appearance in response to a proclamation under section 82 of Act 2 of 1974
IPC 175: Omission to produce document to public servant by person legally bound to produce it
IPC 176: Omission to give notice or information to public servant by person legally bound to give it
IPC 177: Furnishing false information
IPC 178: Refusing oath or affirmation when duly required by public servant to make it
IPC 179: Refusing to answer public servant authorised to question
IPC 180: Refusing to sign statement
IPC 181: False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
IPC 182: False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 183: Resistance to the taking of property by the lawful authority of a public servant
IPC 184: Obstructing sale of property offered for sale by authority of public servant
IPC 185: Illegal purchase or bid for property offered for sale by authority of public servant
IPC 186: Obstructing public servant in discharge of public functions
IPC 187: Omission to assist public servant when bound by law to give assistance
IPC 188: Disobedience to order duly promulgated by public servant
For these 18 offences, an application u/s 340 CrPC can not be filed. Also no private complaint under 190/200 CrPC is maintainable by any other person, but representations may be made to the SHO of the Police Station concerned or to the Office of SP/CP.
As per CrPC sec 195(1)(b), the following is the list of 16 provisions of contempt to the lawful authority of Courts. Key here is, a complaint can only be filed by such Court or by such officer of the Court as that Court may authorise in writing in this behalf, or by a superior Court of such Court. Generally Trial Courts and their Appellate Courts. Again no private complaint under 190/200 CrPC is maintainable. For these 16 offences, an application u/s 340 CrPC can be filed; even by a stranger to the case.
IPC 193: Punishment for offenses u/s 191 & 192 IPC
IPC 194: Giving or fabricating false evidence with intent to procure conviction of capital offence
IPC 195: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
IPC 195A: Threatening any person to give false evidence
IPC 196: Using evidence known to be false
IPC 199: False statement made in declaration which is by law receivable as evidence
IPC 200: Using as true such declaration knowing it to be false
IPC 205: False personation for purpose of act or proceeding in suit or prosecution
IPC 206: Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
IPC 207: Fraudulent claim to property to prevent its seizure as forfeited or in execution
IPC 208: Fraudulently suffering decree for sum not due
IPC 209: Dishonestly making false claim in Court
IPC 210: Fraudulently obtaining decree for sum not due
IPC 211: False charge of offence made with intent to injure
IPC 228: Intentional insult or interruption to public servant sitting in judicial proceeding
Terms used in judgments are misrepresentation, unclean hands, fraud on court, misuse of administration of justice etc if you are searching for judgments online.
Here are the judgments for your usage in your cases under above IPC sections.
IMP NOTE: Apart from the listed (and implied) sections, there are many more provisions of IPC which can be filed as a direct complaint as per 154 CrPC, 155 CrPC or 190/200 CrPC. The said procedure under sec CrPC 340 does not apply to those sections. Like IPC 218 etc.
Additionally, such contemnors are liable for punishment under Contempt of Courts Act, 1971 as well, at the State High Court.
Supreme Court Judgment
1951-2000
2001-2010
2011-2020
2021-2025
2026-2030
Allahabad High Court Judgment
Andhra Pradesh High Court Judgment
District Courts:
Bombay High Court Judgment
Calcutta High Court Judgment
Delhi High Court Judgment
Gujarat High Court Judgment
Jammu & Kashmir and Ladhak High Court Judgment
Karnataka High Court Judgment
Karnataka High Court Judgment
Madhya Pradesh High Court Judgment
Madras High Court Judgment
Punjab and Haryana High Court Judgment
High Court for the State of Telangana Judgment
Uttarakhand High Court Judgment
Go here for Cases where Perjury Proceedings were initiated.
MASTER SITEMAP here.
Under section 195 of Criminal Procedure Code (Cr.P.C.), various provisions are provided to prosecute offences against public justice and for offences relating to documents given in evidence.
Section 195 in The Code Of Criminal Procedure, 1973
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) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or
(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
(3) In clause (b) of sub- section (1), the term” Court” means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section.
(4) For the purposes of clause (b) of sub- section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court in situate:
Provided that-
Here is the procedure to be followed against offenses mentioned under section 195 of Criminal Procedure Code (Cr.P.C.)
Section 340 in The Code Of Criminal Procedure, 1973
340. Procedure in cases mentioned in section 195.
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub- section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(3) A complaint made under this section shall be signed,-
Bad Behavior has blocked 469 access attempts in the last 7 days.