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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
D. BHARATHA CHAKRAVARTHY
Seetha Lakshmi – Appellant
Versus
State, Rep. by The Deputy/Assistant Superintendent of Police, Sivagangai District – Respondent
| Table of Content |
|---|
| 1. the background of the case involving multiple accused. (Para 1 , 2 , 3 , 4) |
| 2. procedural aspects of the petition and victim representation. (Para 5 , 6) |
| 3. arguments about jurisdiction and legal interpretation of section 195a. (Para 7 , 8 , 11) |
| 4. relying on past judgments to support arguments. (Para 9 , 10 , 12) |
| 5. allegations of threatening witnesses. (Para 13 , 14) |
| 6. counterarguments made by the state about threat definitions. (Para 15 , 16) |
| 7. court's interpretation of relevant legal provisions. (Para 18 , 19 , 20 , 21 , 24) |
| 8. differences in legislative intent within penal code sections. (Para 22 , 23 , 27 , 28) |
| 9. conclusion on the applicability of section 195a. (Para 29 , 30) |
| 10. final ruling dismissing the original petition. (Para 32 , 33) |
ORDER :
D. BHARATHA CHAKRAVARTHY, J.
This Criminal Revision Petition is filed with a prayer to call for the records pertaining to the charge sheet in Spl.S.C.No.39 of 2020 on the file of the Special Court for Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sivagangai and quash the same insofar as the petitioner is concerned.
2. The above case arises out of Crime No.04 of 202
Court rules police can register FIR for threatening false evidence under Section 195A of IPC, without prior complaint from a court, reinforcing legislative intent for cognizability.
Section 195A of IPC provides as threatening any person to give false evidence.
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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....
Cognizance of offences under Sections 172 to 188 IPC requires a written complaint from the concerned public servant, as per Section 195 Cr.P.C., rendering proceedings without such complaint void.
Cognizance of Section 186 IPC requires public servant's written complaint per CrPC Section 195; impermissible to split same-transaction Section 189 prosecution, vitiating entire trial on police repor....
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