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2023 Supreme(Online)(MP) 11814
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 18th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 26575 of 2023
BETWEEN:-
ABDUL RAZZAK S/O SHRI ABDUL WAHID, AGED ABOUT
60 YEARS, R/O NAYA MOHALLA, POLICE STATION OMTI
DISTRICT JABALPUR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI VISHAL VINCENT RAJENDRA DANIEL - ADVOCATE )
AND
1.
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION OMTI DISTIRCT JABALPUR
(MADHYA PRADESH)
2.
MOHD. SHABBIR S/O MOHD. NAWI, AGED ABOUT
55 YEARS, H. NO. 93 NEW ANANDNAGAR P.S.
HANUMANTAL DISTRICT JABALPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI B.D. SINGH - DY. ADVOCATE GENERAL &
SHRI SANKALP KOCHAR - ADVOCATE FOR RES.NO.2. )
This application coming on for admission this day, the court passed the
following:
Vishal Vincent Rajendra Daniel,Advocate General
The police are not barred from registering an FIR under Section 195-A of the IPC, even though it is a non-cognizable offense.
Headnote:
CRIMINAL LAW - SECTION 195-A IPC - SECTION 195-A CR.P.C. - INTERPRETATION - FIR - REGISTRATION - LEGALITY
Fact of the Case:
Petitioner challenged the legality of an FIR registered against him under Sections 195-A, 294, and 506 of the IPC, alleging that the police erred in registering an FIR under Section 195-A since it is a non-cognizable offense and should have been filed as a complaint.
Finding of the Court:
The Court held that Section 195-A of the IPC criminalizes threats to give false evidence, while Section 195-A of the Cr.P.C. provides an additional remedy for filing a complaint in relation to such offenses. The Court found that the police were not barred from registering an FIR under Section 195-A of the IPC, and that the allegations against the petitioner also constituted offenses under Sections 294 and 506 of the IPC.
Issues: 1. Whether the police erred in registering an FIR under Section 195-A of the IPC, which is a non-cognizable offense?2. Whether the allegations against the petitioner also constituted offenses under Sections 294 and 506 of the IPC?
Ratio Decidendi: 1. Section 195-A of the IPC criminalizes threats to give false evidence, while Section 195-A of the Cr.P.C. provides an additional remedy for filing a complaint in relation to such offenses.2. The police are not barred from registering an FIR under Section 195-A of the IPC, even though it is a non-cognizable offense.3. The allegations against the petitioner also constituted offenses under Sections 294 and 506 of the IPC.
Final Decision: The Court dismissed the petition, holding that the police did not err in registering an FIR against the petitioner under Sections 195-A, 294, and 506 of the IPC.
Petitioner has filed this petition under Section 482 of Cr.P.C challenging
propriety and legality of First Information Report dated 01.09.2022 in
connection with FIR/Crime No.421/2022 under Sections 195-A, 294, 506 of
IPC registered by Police Station-Omti Jabalpur (MP).
2 . Counsel appearing for petitioner submitted that a written complaint
was filed against petitioner at Police Station Omti, District-Jabalpur. As per
1
Signed by: NEETI TIWARI
Signing time: 18-01-2024
15:04:02
Signature Not Verified
complaint, petitioner abused the complainant when he was in premises of
District Court, Gate No.1 District-Jabalpur, threatened him of dire
consequences, if he does not change his statement before the Court and do not
compromise the case. On the basis of said allegations, offence under Sections
195-A, 294 & 506 of IPC was registered. Police after completion of
investigation filed charge-sheet against petitioner under Section 195-A, 294 &
506 of IPC. Court of Judicial Magistrate First Class Jabalpur committed the
matter before the Court of Sessions and registered as Sessions Trial
No.178/2023 in Court of 22nd Additional Sessions Judge, Jabalpur (M.P.).
3. Counsel appearing for petitioner submitted that Police has committed
an error of law in registration of FIR on 01.09.2023 under Section 195-A, 294,
506 of IPC. Section 195-A of IPC was introduced by amendment on
16.04.2006. Section 195-A of Cr.P.C was also introduced by way of
amendment. Complaint has been defined in Section 2(d) of Cr.P.C.
4. It is submitted that conjoint reading of Section 195-A of IPC and 195-
A of Cr.P.C and Section 2(d) of Cr.P.C makes it clear that complainant may
file a complaint before a Magistrate for committing of offence under Section
195-A of IPC. Police may not register an FIR in respect of offence under
Section 195-A of IPC. It is further submitted that no offence under Section
195-A of IPC is made out against petitioner as act complained off against
petitioner is not intended to seek conviction. False evidence, which is given in
Court with intention of seeking conviction, will amount to an offence under
Section 195-A and not otherwise. It is submitted that Section 195-A of IPC is
to be read as a whole and not in two parts. After semicolon, in Section 195-A,
word "and" is used, which means that adducing false evidence to seek
2
Signed by: NEETI TIWARI
Signing time: 18-01-2024
15:04:02
Signature Not Verified
conviction of any person will be an offence under Section 195-A. If a person is
threatened to do omission or give such a statement that person may be
acquitted, then said act will not be an offence under Section 195-A of IPC.
Reliance is placed in paragraphs 15 to 19 of the judgment passed in the case of
Salib @ Salu @ Salim Vs. State of UP and others reported in 2023 Live
Law (SC) 618, which are quoted herein under :
15. There is a different angle to this matter. It appears that the
investigating agency has invoked Section 195A of the IPC. Section 195A
of the IPC reads thus:-
“Section 195A. Threatening any person to give false
evidence.─Whoever threatens another with any injury to his person,
reputation or property or to the person or reputation of any one in whom
that person is interested, with intent to cause that person to give false
evidence shall be punished with imprisonment of either description for a
term which may extend to seven years, or with fine, or with both; and if
innocent person is convicted and sentenced in consequence of such false
evidence, with death or imprisonment for more than seven years, the
person who threatens shall be punished with the same punishment and
sentence in the same manner and to the same extent such innocent
person is punished and sentenced.”
16. A plain reading of the aforesaid provision indicates that if any
individual is threatened with any injury to his person, reputation or
property and such threats are administered with intent to cause that
person to give false evidence, the same would constitute an offence under
Section 195A of the IPC. In our opinion, none
