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1992 Supreme(Guj) 139
Gujarat High Court
Judgename :S.M.SONI, V.H.BHAIRAVIA
STATE OF GUJARAT - Appellant
Versus
DALPATSING MAFASING - Respondent
CRIMINAL APPEAL 1149 of 1982
Decided On : 06/15/1992
Headnote:
Criminal Procedure Code, 1973 – Section 195 – Private complaint – Fabricating false evidence - Order passed by learned Chief Judicial Magistrate is therefore consistent with provisions of law and no Court can go beyond that. It is an admitted fact that no such complaint has been filed by Court or Police officer and the entire proceeding proceeded only on private complaint – Held, Trial Court has committed blunder in taking cognizance of offence despite clear-cut direction of learned Chief Judicial Magistrate – Provisions of Code are mandatory and violation thereof would amount to exercise of powers rendering the entire proceedings initio void, null and void. Same is the story in instant case of Judgment is not material for the Reports – Prosecution quashed – Application is approved.
( 1 ) THE order passed by the learned Chief Judicial Magistrate is, therefore, consistent with the provisions of law and no Court can go beyond that. It is an admitted fact that no such complaint has been filed by the Court or Police officer and the entire proceeding proceeded only on the private complaint. In our view, the trial Court has committed blunder in taking cognizance of the offence despite the clear-cut direction of the learned Chief Judicial Magistrate. Provisions of Sec. 195 of Cr. P. Code are mandatory and violation thereof would amount to exercise of powers rendering the entire proceedings ab-initio void, null and void. Same is the story in the instant case. [rest of the Judgment is not material for the Reports. ] (ATP) Prosecution quashed. (Only a part of the Judgment approved for reporting is published.)
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