Crl. Rev. No.306 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Rev. No.306 of 2009 Date of Decision : 11.2.2009 Hukam Chand Gupta ...Petitioner Versus Om Parkash Goyal and others ...Respondents CORAM:HON'BLE MR. JUSTICE M.M.S.BEDI Present: Mr. Hukam Chand Gupta, petitioner, in person. M.M.S.Bedi, J. (ORAL) The petitioner is a complainant in a private complaint filed by him against his daughter-in-law Renu Bala, widow of his son, who had died in an accident and also against her parents and second husband Dinesh Kumar. As per the allegations in the complaint Renu Bala had received claim from the Motor Accident Claims Tribunal, Karnal for herself and for the minor child namely Vishnu, on the ground that the child had been living with her. Complainant/petitioner claims that the child from her first marriage, as a matter of fact, was residing with Maya Devi and Om Parkash Goyal, after Renu Bala left the minor with her step mother (Maya Devi). Complainant/petitioner claims that the Tribunal had been misguided by concealing the actual facts, as such the offence under Sections 156, 196 and 192 read with Section 120-B of the IPC had been committed by the respondents. After having been summoned the respondents filed a revision petition before the Addl. Sessions Judge, Kaithal. The said revision petition of the respondents was allowed holding that in view of the provisions of Section 195(1)(b) Cr.P.C. Crl. Rev. No.306 of 2009 2 cognizance of the offence under Sections 192, 196 read with 120-B IPC could not have been taken. The operative part of the order passed by the Revisional Court reads as follows : “7. As a sequel to my aforesaid observation, the present criminal revision petition is accepted. The impugned order dated 16.9.2006 passed by the learned trial Court is hereby set aside in so far as it relates the cognizance taken by the learned trial Court by summoning the accused is concerned. However, before parting with the judgment it is observed that the learned trial Court is at liberty to follow the procedure prescribed, and mandated under Section 195(1)(b) Cr.P.C. and as such can forward a complaint against the accused in writing for the offence under Sections 192 and 196 read with Section 120-B of the Indian Penal Code as it is satisfied that the offence against public justice has been committed by the accused. Lower Court record alongwith the copy of this judgment be sent back forthwith. Revision petitions be consigned to the record room after due compliance.” The validity of the abovesaid order has been challenged by the complainant/petitioner by appearing in person before this Court. Main contention of the petitioner is that the provisions of Section 195 Cr.P.C., will not be applicable in the present case as no proceedings are pending, as such the cognizance for offences under Sections 192 and 196 IPC could be taken irrespective of the provisions of Section 195 Cr.P.C. The petitioner has submitted that the criminal proceedings initiated by him against the respondents for giving false evidence before Crl. Rev. No.306 of 2009 3 the Motor Accident Claims Tribunal should continue. I have heard the petitioner and considered the same in context to the allegations in the complaint as well as the provisions of Section 195 Cr.P.C. The said provisions create a bar against taking cognizable of an offence in certain specified situations except upon complaint by Court. This section is not a penal provision itself but is a part of the procedural law, namely, Code of Criminal Procedure which elaborately gives procedure for trial of criminal cases. Chapter XXVI of the Code of Criminal Procedure prescribes a procedure in cases mentioned in Section 195 Cr.P.C. The object of Section 340 Cr.P.C. is to ascertain whether any offence affecting administration of justice has been committed in relation to any document produced or given in evidence in Court during the time when the document of evidence was in custodia legis and whether it is also expedient in the interest of justice to take such action as required under Section 340 Cr.P.C. Object of this Section is to safeguard against frivolous and vexatious prosecution by private evidence in respect to offences which relate to administration of justice. Section 195 (1) Cr.P.C. mandates a complaint in writing of the Court for taking cognizance of the offences enumerated in clauses (b) (i) and (b) (ii) thereof. Section 340 Cr.P.C. and Section 341 Cr.P.C. give procedure for filing of complaint and other matters connected therewith. The petitioner had filed a private complaint in the Court of CJM, Kaithal, under Sections 192 and 196 read with Section 120-B IPC against the respondents and the respondents had been summoned on the basis of preliminary evidence to face trial under Sections 192, 196 and 120-B IPC. The revisional Court has set aside the said order vide impugned Crl. Rev. No.306 of 2009 4 order dated October 16, 2008, giving liberty to the trial Court to follow the procedure prescribed under the law, while considering the legality and propriety of the order passed by the Additional CJM. There does not appear to be any defect in the order passed by the revisional Court which is in consonance with the spirit of Section 195 Cr.P.C. and Section 340 Cr.P.C. The main grievance of the petitioner is that his grand-son, after the death of his son had been illegally handed over to the mother (daughter-in-law) and that they have misguided the Guardian Court and the Court of Motor Accident Claims Tribunal to prejudice his legal rights. Since the offence alleged in the complaint is concerned with the administration of justice, the procedure prescribed for such offence has to be followed. Petitioner has appeared in person and tried to apply the ratio of the judgment of M.L. Sethi Vs. R.P.Kapoor and others AIR 1967 SC 528. I have gone through the said judgment. But the facts of the said case do not seem to be relevant and the ratio of said judgment is not applicable to the facts of this case. As such no ground is made out for interference. Dismissed. 11.2.2009 (M.M.S.BEDI) Vimal JUDGE