Supreme Court of India
Devendra Kumar v. The State (nct of Delhi) & Anr.
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What the Court ordered
In view of the aforesaid, we dispose of this petition leaving it open to the petitioner to raise the contention as regards the bar of Section 195 of the Cr.P.C. before the trial court if at all, at the end of the investigation, chargesheet is filed for the offences enumerated above in the FIR.
Judgment, page 42
From the headnote
Issue for Consideration High Court affirmed the order passed by the CMM directing registration of the FIR against the petitioner for offences punishable u/ss.186 and 341, Penal Code, 1860. Whether the CMM erred in involving the police in a complaint lodged by a Civil Judge for the offence punishable u/ss.186 and 341 of the I.P. ; whether the CMM erred in asking the police to investigate the complaint u/s.156(3) of the Cr.P. instead of taking cognizance upon the complaint and issuing process to the petitioner; scope of s.195, CrPC. Headnotes† Code of Criminal Procedure, 1973 – s.195 – Scope –
Authorities it was built on
- 2005 Iqbal Singh Marwah v. Meenakshi Etc.
- 1971 Patel Laljibhai Somabhai v. The State of Gujarat
- 1998 Sachida Nand Singh and Anr. v. State of Bihar and Anr.
- 1999 M.S. Ahlawat v. State of Haryana and Anr.
- 1996 Surjit Singh and Ors. v. Balbir Singh
- 1981 State of Karnataka v. Hemareddy Alias Vemareddy and Anr.
- 1998 State of Punjab v. Raj Singh and Anr.
- 1951 Santosh Kumar Jain v. The State
- 1990 Collector of Customs and Central Excise, Bhubneshwar, District Puri v. Paradip Port Trust and Anr.
- 1984 State of U. P. v. Suresh Chandra Srivastava & Ors
- 1953 Basir-ul-huq and Others v. The State of West Bengal
- 1966 Durgacharan Naik and Ors. v. State of Orissa
- 1971 Govind Mehta v. State of Bihar
- 2003 M.narayandas v. State of Karnataka and Ors.
- 2017 Saloni Arora v. State of Nct of Delhi
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