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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Anil Kumar J. Bavishi – Appellant
Versus
Mahendra Kumar Jalan @ M. K. Jalan – Respondent
ORDER
Leave granted.
2. Presently, we have a case before us where the appellant has challenged the order of the High Court dated 05.02.2024 passed on an application under Section 482 Cr.P.C., whereby the High Court has declined to grant relief to the appellant for the reason that what the appellant sought was that his private complaint, which has been made before the Chief Metropolitan Magistrate, Calcutta, for alleged offences committed at the hands of the respondent under Sections 193/199/200 IPC, be allowed. The High Court declined the relief for the reasons that such a complaint under Cr.P.C. can only be made on directions of the court concerned.
3. For a ready reference, the offences which the appellant allegedly committed are under Sections 193/199/200 of the Indian Penal Code, which read as under :
False evidence and statement – Offence under Section 193/199/200 can theoretically be committed inside as well as outside a court – Section 195 read with Section 340 Cr.P.C. prescribes a definite rou....
Point of law: A party who is aggrieved by the inaction on the part of the court, where offences enumerated in Clause (b) of Sub Section (1) of Section 195 Cr.P.C. was committed, in initiating action ....
The main legal point established in the judgment is that the procedure under Sections 195 and 340 of the Cr.P.C. for prosecuting the offense of alleged false evidence is mandatory, and not all contra....
Statements in judicial complaints can constitute defamation; however, delays and the need for evidence in support must be taken into account, reinforcing the importance of reputation and good faith i....
The main legal point established is that relevant averments in civil proceedings are necessary, and the pendency of a civil suit does not preclude the filing of a private complaint for defamation if ....
The closure of a complaint as false does not automatically warrant the filing of a private complaint under Section 182 of IPC without proper evidence to substantiate the false information, emphasizin....
Point of law: Quash of FIR - Inherent jurisdiction under Section 482 of the Code has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the test specifi....
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