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1999 Supreme(P&H) 1162

T.H.B.CHALAPATHI
Madan Lal Sharma – Appellant
Versus
Punjab And Haryana High Court Thr. Its Registrar – Respondent


Judgment

1. In this application which has been filed in the year 1985 the petitioner is seeking to quash the complaint dated 19-11-1983 and the charges framed against him by the Judicial Magistrate Ist Class, Chandigarh for the offences under Ss. 193, 196, 465 and 471, IPC.

2. This petition has been placed before me in pursuance of the direction of the Full Bench of five Judges.

3. I need not go into the factual aspects of the matter since they have been succinctly referred to in the order of the Full Bench dated July 15, 1998. The Full Bench considered the question as to whether by the language employed in S.195(1)(b)(ii) read with S.340 of the Code of Criminal Procedure, the Court is debarred from taking cognizance and then proceed against an offender alleged to have committed the offences described in S.195(1)(b)(ii) of the Code. The question has been answered by the Full Bench as follows :-

"From the discussion made above, we hold that as mentioned above neither the plain language employed in S.195(1)(b)(ii) nor the purpose for which the said Section was enacted by the Legislature, creates any bar for a Court to take cognizance and launch prosecution of a person who might have c

























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