Sep 29, 2013
Sec 174A IPC - no complaint is necessary
Maneesh Goomer Vs State Hon'ble High Court of Delhi on 04.01.12 observed that 174A of IPC is a cognizable offence and other offence of this line are non-cognizable thus it can not be said that a complaint by court is necessary for all section including sec 174A IPC. Under this section police may registered FIR and file charge sheet without formal complaint by court. Main offence of sec 138 IPC is already compounded but same is not ground to quash present case u/s 174A and this is a distinctive offence.
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Without expressing any opinion on the judgement I have a question....Whether cognizance can be taken on such charge sheet ? If yes, whether it will not be in violation of S. 195 Cr.P.C.?
ReplyDeleteGhanshyam Sir, as per judgment, this is not the violation of sec 195 CrPC and it was duly explained by Hon'ble High Court.
ReplyDeleteThis Judgement is a judgment passed per incuriam; (in ignorance of law)
ReplyDeleteIt has several legal anomalies and errors.