Back
M. R. ANITHA
Sabu Sebastian – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
1. This Crl.MC has been filed against the order of Judicial First Class Magistrate Court, Chalakudy in Crl.M.P.2940/2021 dated 8.7.2021 by which the Magistrate refused to make reference under section 156(3) CrPc for investigation to police with respect to offences punishable under sections 192, 195 and 211 of Indian Penal Code (45 of 1860).
2. Petitioner is the complainant in Crl.M.P.2940/2021. The complaint was filed under Section 190(1)(a) of Cr.P.C to take cognizance of the offences alleged to have been committed by the respondents in the above said Criminal MP (copy of which is produced as Annexure a) under Sections 192, 195, 211, 465, 469, 120B r/w Section 34 IPC. It is alleged that the petitioner was a trustee of the newly formed religious congregation in the name and style Emperor Emanuel Church 'Zion' situated at Muriyad in Thrissur District. On account of the differences of opinion with the first respondent in the complaint , who is in control over the members as well as the devotees ,complainant was forced to leave the congregation and resign from the trusteeship and re-join the original Parental congregation namely the Catholic church. A lot of other families who
Point of Law : Transactions that attract the offence under section 193 of the IPC and the other offences not covered under section 195 of Cr.P.C are inseparable.
The main legal point established in the judgment is that for offences punishable under Section 188 of the IPC, the Court can only take cognizance on a written complaint of the Public Servant concerne....
(1) Voluntarily obstructing public servant from discharge of his public functions – Section 195(1)(a)(i) of Cr.P.C. bars court from taking cognizance of any offence punishable under Sections 172 to 1....
Smuggling of gold – Cognizance of offence - Case squarely falls within the category of cases falling under Section 195(1)(b)(i) CrPC as the offence is punishable under Section 193 IPC. Therefore, the....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
