A private complaint at the instance of a party to a lis is not maintainable under Section 195 Cr.P.C.

JASJIT SINGH BEDI, J.

The present appeal has been preferred against the judgment dated 02.01.2019 passed by the Judicial Magistrate Ist Class, Faridabad, whereby the respondent/accused has been discharged.

2. The brief facts of the case are that a complaint was filed by the appellant/complainant against the respondent/accused Gayatri Devi for having committed offences punishable under Sections 209 and 193 IPC. The allegations were that Gayatri had filed several cases and complaints against the appellant/complainant but all of them were false.

3. Based on the preliminary evidence led, the respondent/accused was summoned under Section 209 IPC. On her appearance, documents were supplied to her under Section 208 Cr.P.C. In pre-charge evidence, the appellant/complainant examined himself, after which, the pre-charge evidence stood closed.

4. Thereafter, the respondent-accused came to be discharged from all the charges levelled against her vide judgment dated 02.01.2019. The said judgment has been impugned in the present appeal.

5. Initially, the appellant/complainant was appearing in person. Thereafter, one Ms. Sunita Ojha, Advocate, was appointed as Amicus Curiae. Since she did not appear, subsequently, Mr. P.S. Ahluwalia, Advocate, was appointed as Amicus Curiae to assist this Court on behalf of the appellant.

Today, the appellant in person submits that he wishes to address the Court himself and does not wish to take the assistance of the Amicus Curiae appointed by this Court.

6. While arguing the appeal, the appellant/complainant in person has referred to various documents such as judgments/orders of Courts, complaints made, challan etc., Annexures A-1 to A-26, most of which have been placed on record after filing of the instant appeal. However, a perusal of the said documents would reveal that they have no relevance to the instant controversy. I have examined the impugned order dated 02.01.2019 and had on an earlier occasion heard Mr. P.S. Ahluwalia, Advocate. In the instant case, the appellant/complainant has filed the complaint against the respondent/accused for having committed the offences under Section 209 IPC readwith Section 193 IPC. Based on the preliminary evidence led, the respondent/accused came to be summoned under Section 209 IPC alone. Thereafter, she has been discharged.

7. Before proceeding further, it would be relevant to examine the provisions of Section 195 Cr.P.C. The same is reproduced hereinbelow:-

“Section 195 Cr.P.C.:-Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence-

(1) No Court shall take cognizance-

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or

(ii) of any abetment of, or attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in subclause (i) or sub- clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.

(2) Where a complaint has been made by a public servant under clause (a) of sub-section (1) any authority to which he is adm