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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Dev Narayan Gurjar S/o Shri Jai Singh Gurjar – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. challenge to impugned order and proceedings. (Para 1 , 2 , 3) |
| 2. counsel's arguments and oppositions. (Para 4 , 5) |
| 3. consideration of police authority and implications of section 211 ipc. (Para 6 , 9 , 11) |
| 4. interpretation of section 195 cr.p.c. and jurisdiction issues. (Para 10 , 12 , 13 , 14 , 15) |
| 5. final order quashing proceedings against petitioner. (Para 16) |
ORDER :
1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 24.10.2016, passed by the Additional Chief Judicial Magistrate No.8, Jaipur, District Jaipur so also the proceedings, arising out of the criminal case No.708/2016 pending against the petitioner before the said Court, wherein cognizance has been taken against the petitioner under Section 211 IPC .
2. Learned counsel for the petitioner submits that the petitioner had filed a criminal complaint against certain accused officials posted at the Jaipur Vidyut Vitran Nigam Limited with regard to certain irregularities committed by him while conducting examination, wherein the answer sheets/ OMR sheet of the petitioner was exchanged by committing forgery upon him.
3. Counsel submits that the said comp
Prosecution for offences under Section 211 IPC requires a complaint from the concerned Court; police action without such complaint lacks jurisdiction and cannot sustain prosecution.
Cognizance of an offence under Section 211 IPC requires a written complaint as per Section 340 Cr.P.C., and failure to comply renders the proceedings invalid.
For a complaint under S.195 CrPC, the required public servant must file a written complaint, even if it originates from a police officer investigating a non-cognizable offence.
The main legal point established in the judgment is that for an offence under Section 211, I.P.C. to be made out, the complaint must falsely charge a person with having committed an offence, with the....
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