Case: Central Bureau Of Investigation Vs. M. Sivamani

that court, or of some other court to which that court is subordinate.” (Emphasis added) 8. Contention raised on behalf of the appellant-CBI is that the object and purpose of the bar created under the law against taking cognizance in respect of the specified offences is to control frivolous or vexatious proceedings by private parties. In State of U.P. versus Mata Bhikh (1994) 4SCC 95)it was observed : “6. The object of this section is to protect persons from being vexatiously prosecuted upon inadequate materials or insufficient grounds by person actuated by malice or ill-will or frivolity of disposition at the instance of private individuals for the offences specified therein. The provisions of this section, no doubt, are mandatory and the Court has no jurisdiction to take cognizance of any of the offences mentioned therein unless there is a complaint in writing of ‘the public servant concerned’ as required by the section without which the trial under Section 188 of the Indian Penal Code becomes void ab initio. See Daulat Ram v. State of Punjab [AIR 1962 SC1206]. … … …” 9. It is submitted that the scheme of the provision shows that the specified offences in respect of whom the bar is created have direct impact on administration of public justice. As against a private party, it is only the public servant or his superior to whom he is administratively subordinate is permitted to file a complaint. Reliance has been placed on the judgment of this Court in Iqbal Singh Marwah versus Meenakshi Marwah (2005) 4 SCC 370 )laying down that interpretation of the provision which leads to a situation where victim of crime is rendered remediless has to be discarded and interpretation should advance the object (Para 23 & 25). The Constitution Bench of this Court interpreted the bar under Section 195(1)(b)(ii) to be limited to a document where forgery was committed after it was produced or given in evidence before the court. It was held that if forgery was committed before the document was produced before the court, the bar under the said provision was not applicable. In Perumal versus Janakai (2014) 5 SCC 377 )it was held that bar under the provision will not apply if a High Court, as a superior court, directs a complaint to be filed in respect of offence covered by Section 195(1)(b)(i). It was, thus, submitted that in the present case protection under Section 195(1)(a)(i) cannot apply as it was not at the instance of any private party but at the instance of the High Court that CBI investigation was directed to be conducted. “Other public servant to whom he is administratively subordinate” should not exclude the High Court.10. Learned counsel for the respondent however supported the view taken by the High Court. It was submitted that there was no reason to ignore the statutory bar against taking cognizance of an offence under Section 182 except on the complaint in writing of the public servant concerned or who is administrative superior to whom which expression could not include the High Court. It was submitted that though on failure to perform a public duty, the public servant or his superior may be directed by the High Court by a mandamus to file a complaint, direction of the High Court to conduct investigation was not enough to exclude the statutory bar against taking of cognizance. Reliance has been placed on M.S. Ahlawat versus State of Haryana (2000) 1 SCC 278 )laying down as follows: “5. Chapter XI IPC deals with “false evidence and offences against public justice” and Section 193 occurring therein provides for punishment for giving or fabricating false evidence in a judicial proceeding. Section 195 of the Criminal Procedure Code (CrPC) provides that where an act amounts to an offence of contempt of the lawful authority of public servants or to an offence against public justice such as giving false evidence under Section 193 IPC etc. or to an offence relating to documents actually used in a court, private prosecutions are barred absolutely and only the court in relation to which the offence was committed may initiate proceedings. Provisions of Section 195 CrPC are mandatory and no court has jurisdiction to take cognizance of any of the offences mentioned therein unless there is a complaint in writing as required under that section. It is settled law that every incorrect or false statement does not make it incumbent upon the court to order prosecution, but (sic) to exercise judicial discretion to order prosecution only in the larger interest of the administration of justice.” 11. We have considered the rival submissions. We find merit in the contention raised on behalf of the appellant. While the bar against cognizance of a specified offence is mandatory, the same has to be understood in the context of the purpose for which such a bar is created. The bar is not intended to take away remedy against a crime but only to protect an innocent person against false or frivolous proceedings by a private person. The expression “the public servant or his administrative superior” cannot exclude the High Court. It is clearly implicit in the direction of the High Court quoted above that it was necessary in the interest of justice to take cognizance of the offence in question. Direction of the High Court is at par with the direction of an administrative superior public servant to file a complaint in writing in terms of the statutory requirement. The protection intended by the Section against a private person filing a frivolous complaint is taken care of when the High Court finds that the matter was required to be gone into in public interest. Such direction cannot be rendered futile by invoking Section 195 to such a situation. Once the High Court directs investigation into a specified offence mentioned in Section 195, bar under Section 195(1)(a) cannot be pressed into service. The view taken by the High Court will frustrate the object of law and cannot be sustained.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]11. We have considered the rival submissions. We find merit in the contention raised on behalf of the appellant. While the bar against cognizance of a specified offence is mandatory, the same has to be understood in the context of the purpose for which such a bar is created. The bar is not intended to take away remedy against a crime but only to protect an innocent person against false or frivolous proceedings by a private person. The expressionpublic servant or his administrativecannot exclude the High Court. It is clearly implicit in the direction of the High Court quoted above that it was necessary in the interest of justice to take cognizance of the offence in question. Direction of the High Court is at par with the direction of an administrative superior public servant to file a complaint in writing in terms of the statutory requirement. The protection intended by the Section against a private person filing a frivolous complaint is taken care of when the High Court finds that the matter was required to be gone into in public interest. Such direction cannot be rendered futile by invoking Section 195 to such a situation. Once the High Court directs investigation into a specified offence mentioned in Section 195, bar under Section 195(1)(a) cannot be pressed into service. The view taken by the High Court will frustrate the object of law and cannot be sustained.