Supreme Court Judgement On Non Maintainablity of Case Under Sec 182 IPC Without Following Sec 195 CRPC

LatestLaws.
com
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.64 of 2017
(Arising out of S.L.P.(Crl.)No. 8184 of 2015)
Saloni Arora
Appellant(s)
VERSUS
State of NCT of Delhi
Respondent(s)
WITH
CRIMINAL APPEAL No.65 of 2017
(Arising out of S.L.P.(Crl.)No. 1908 of 2016)
JUDGMENT
Abhay Manohar Sapre, J.

1)
S.L.P.(Crl.) No. 8184 of 2015 is filed against the
order dated 06.07.2015 passed by the High Court of

Delhi at New Delhi in Crl.M.C. No. 2447 of 2012
Page 1
LatestLaws.com
whereby the High Court disposed of the petition and

directed the Registrar General of the High Court of
Delhi to make a formal complaint in terms of
paragraph 27 in Criminal Revision Petition No. 497 of
2008 for prosecution of the appellant herein under
Section
182
of
the
Indian
Penal
Code,
1860
(hereinafter referred to as IPC).

2)
S.L.P.(Crl.)No. 1908 of 2016 is filed against the
order dated 01.02.2016 passed by the High Court of

Delhi in Crl.M.A. No. 1775 of 2016 filed by the
Registrar General of High Court of Delhi in Crl.M.C.
No. 2447 of 2012 whereby the High Court modified its
earlier order dated 06.07.2015 and directed the
S.H.O., Police Station Anand Vihar, Delhi to make a
formal
complaint
in
terms
of
the
order
dated
06.07.2015, in place of Registrar General of the High

Court of Delhi, who was directed to make a formal
Page 2
LatestLaws.com
complaint for prosecution of the appellant under

Section 182 IPC.
3)
Leave granted.
4)
We herein set out the facts, in brief, to appreciate
the issue involved in these appeals.

5)
These appeals arise out of criminal proceedings
(SC No 13/2007) pending in the Court of Additional

Session Judge, Delhi in relation to the offences
registered under Sections 120-B, 201, 302, 364 and
365 IPC against the accused on the basis of FIR No.
333/2006 PS: SPL. Cell.
6)
In the aforementioned proceedings, the State
Prosecuting Agency sought to prosecute the appellant

for commission of an offence punishable under Section
182 IPC. The appellant, felt aggrieved of this action of
the prosecuting agency, filed an application for her
discharge on the ground that since no procedure as
Page 3
LatestLaws.com
contemplated under Section 195 of the Code of

Criminal Procedure, 1973 (hereinafter referred to as
the Code) was followed by the prosecution, the
appellant cannot be prosecuted for such offence.
7)
The Trial Court, by order dated 25.05.2015,
dismissed the appellant's application and the order of

the Trial Court was upheld by the High Court, by
impugned
order,
by
dismissing
the
appellant's
Criminal Misc. Application giving rise to filing of these

appeals by special leave by the appellant before this
Court.
8)
Heard Mr. Ajay Choudhary, learned counsel for
the appellant and Mr. A.N.S. Nandkarni, learned ASG

for the State.
9)
Having heard the learned counsel for the parties
and on perusal of the record of the case, and further

since the learned counsel for the respondent in the
course of his submissions fairly conceded that the
Page 4
LatestLaws.com
impugned order is not legally sustainable on a point of

law and, in our view rightly so, we are inclined to allow
the appeals and set aside the impugned orders.
10)
As rightly pointed out by the learned counsel for
the parties on the strength of law laid down by this

Court in the case of Daulat Ram vs. State of Punjab,
(AIR 1962 SC 1206) that in order to prosecute an
accused for an offence punishable under Section 182
IPC, it is mandatory to follow the procedure prescribed
under Section 195 of the Code else such action is
rendered void ab initio.
11)
It is apposite to reproduce the law laid down by
this Court in the case of Daulat Ram (supra) which

reads as under:
There is an absolute bar against the Court
taking seisin of the case under S.182 I.P.C.
except in the manner provided by S.195
Crl.P.C.
Section 182 does not require that
action must always be taken if the person
who moves the public servant knows or
Page 5
LatestLaws.com
believes that action would be taken. The

offence under S.182 is complete when a
person moves the public servant for action.
Where a person reports to a Tehsildar to take
action on averment of certain facts, believing
that the Tehsildar would take some action
upon it, and the facts alleged in the report
are found to be false, it is incumbent, if the
prosecution is to be launched, that the
complaint in writing should be made by the
Tehsildar, as the public servant concerned
under S.182, and not leave it to the police to
put a charge-sheet. The complaint must be
in writing by the public servant concerned.
The trial under S.182 without the Tehsildars
complaint in writing is, therefore, without
jurisdiction ab initio.
(Emphasis supplied)
12)
It is not in dispute that in this case, the
prosecution while initiating the action against the

appellant did not take recourse to the procedure
prescribed under Section 195 of the Code. It is for this
reason, in our considered opinion, the action taken by
the prosecution against the appellant insofar as it
relates to the offence under Section 182 IPC is
concerned, is rendered void ab initio being against the
law laid down in the case of
Daulat Ram (supra)
quoted above.
Page 6
LatestLaws.com
13)
Learned counsel for the respondent (NCT Delhi),
however, submitted that the State has, therefore,

made a fresh application in this behalf before the Trial
Court which, according to him, is still pending
consideration. Be that as it may.
14)
We express no opinion on such application, if it is
filed by the State as, in our view, it has to be dealt with

on its own merits in accordance with law by the Court
concerned.
15)
In the light of foregoing discussion, the appeals
succeed and are allowed. Impugned orders stand set

aside.
..................................J.
[A.K. SIKRI]
....................................J.
[ABHAY MANOHAR SAPRE]
New Delhi,
January 10, 2017
Page 7

Supreme Court Judgement On Non Maintainablity of Case Under Sec 182 IPC Without Following Sec 195 CRPC

Uploaded by

Copyright:

Available Formats

Supreme Court Judgement On Non Maintainablity of Case Under Sec 182 IPC Without Following Sec 195 CRPC

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Supreme Court Judgement On Non Maintainablity of Case Under Sec 182 IPC Without Following Sec 195 CRPC

Uploaded by

Copyright:

Available Formats

LatestLaws.

State of NCT of Delhi

Abhay Manohar Sapre, J.

S.L.P.(Crl.) No. 8184 of 2015 is filed against the

order dated 06.07.2015 passed by the High Court of

whereby the High Court disposed of the petition and

(hereinafter referred to as IPC).

S.L.P.(Crl.)No. 1908 of 2016 is filed against the

order dated 01.02.2016 passed by the High Court of

06.07.2015, in place of Registrar General of the High

complaint for prosecution of the appellant under

We herein set out the facts, in brief, to appreciate

the issue involved in these appeals.

These appeals arise out of criminal proceedings

(SC No 13/2007) pending in the Court of Additional

In the aforementioned proceedings, the State

Prosecuting Agency sought to prosecute the appellant

contemplated under Section 195 of the Code of

The Trial Court, by order dated 25.05.2015,

dismissed the appellant's application and the order of

Criminal Misc. Application giving rise to filing of these

Heard Mr. Ajay Choudhary, learned counsel for

the appellant and Mr. A.N.S. Nandkarni, learned ASG

Having heard the learned counsel for the parties

and on perusal of the record of the case, and further

impugned order is not legally sustainable on a point of

As rightly pointed out by the learned counsel for

the parties on the strength of law laid down by this

It is apposite to reproduce the law laid down by

this Court in the case of Daulat Ram (supra) which

believes that action would be taken. The

It is not in dispute that in this case, the

prosecution while initiating the action against the

Daulat Ram (supra)

Learned counsel for the respondent (NCT Delhi),

however, submitted that the State has, therefore,

We express no opinion on such application, if it is

filed by the State as, in our view, it has to be dealt with

In the light of foregoing discussion, the appeals

succeed and are allowed. Impugned orders stand set

You might also like