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HIGH COURT OF JAMMU AND KASHMIR
SAMEENA AZAD KHAN AND OTHERS – Appellant
Versus
MOHD ASLAM KHAN – Respondent
ORDER :
01. Inherent power of this Court enshrined in Section 482 Cr. P.C. (now Section 528 Bhartiya Nagarik Suraksha Sanhita (BNSS)) is being invoked by the petitioners for quashment of complaint titled as, “Mohd. Aslam Khan Vs Tasmeena Azad Khan and others,” along with order dated 29.08.2018 pending before the court of Munsiff (JMIC), Mendhar (hereinafter referred to as the “Magistrate”).
02. The facts giving rise to the filing of the instant petition reveals that the petitioner 1 herein filed a complaint against the respondent herein, resulting in registration of FIR being No. 100/2009 with the Police Station Gursai, Mendhar, Poonch for commission offences under Section 498-A RPC, having got culminated into a charge-sheet presented before the court of Munsiff (JMIC), Mendhar wherein after conducting trial, the accused person/respondent herein vide judgment and order dated 24.02.2018 came to be acquitted and consequently the said judgment and order of the said court dated 24.02.2018 assumed finality, in that, same was not thrown challenge to, whereupon, the respondent herein being the accused in the aforesaid criminal case filed the impugned complaint under Section 211 read with 50
The court ruled that a Magistrate cannot entertain a complaint under Section 211 RPC unless it is filed by the court that acquitted the accused, as per Section 195(1)(b) Cr. P.C.
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.
The provisions of Section 210 of Cr.P.C. are mandatory and aim to safeguard the interest of the accused from unnecessary harassment.
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.
Point of Law : Private complaint – Quashing of complaint - Magistrate straightway issue the process without first recording statement of the complainant and the witness, if any present, under Section....
The central legal point established in the judgment is that the initiation of a criminal proceeding requires the Magistrate to apply judicial mind to the facts mentioned in the complaint, and the fai....
The main legal point established is the application of Section 195 of the Code of Criminal Procedure, which restricts the cognizance of certain offences by a court without a proper complaint.
Commission of offences - Quash of complaint - Magistrate has to carefully scrutinise evidence brought on record and may even himself put questions to complainant and his witnesses to elicit answers t....
Point of law : Whenever a Magistrate decides to refer a complaint to investigation by police under Section 156(3) Cr.P.C., he does not take cognizance, he awaits the filing of charge sheet and takes ....
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