Case: Central Bureau Of Investigation Vs. M. Sivamani

2. Facts stated in the charge sheet filed by theagainst the respondent are that a claim petition was filed before the Motor Accident Claims Tribunal (MACT), Cuddalore seeking compensation of Rs.22,00,000/for death of Mohamed Farooque in a road accident on 11th October, 2002. The MACT partly upheld the claim and awarded Rs.On appeal of the National Insurance Company (Insurance Company), the Madras High Court ordered investigation by CBCID into the allegation that the claim was false. After investigation, the CBCID filed charge sheet. The matter was later taken over by CBI under the directions of the Madras High Court which led the CBI to file the impugned charge sheet under Sectionsr/w 182, 420, 468, 468 r/w 471 IPC and 13(2) r/w 13(i)(d) of Prevention of Corruption Act, 1988 r/w 511 IPC against A1 to A9. The respondent isAccording to the CBI, the Insurance Company was cheated byby making false claim in connivance with the other accused. Mohamed Farooque sustained injuries by falling on his own from a scooter and not in accident as alleged. Different accused were given different roles in conspiracy. The role given to the 2 respondent, who is an advocate, is of misrepresentation and producing false evidence, knowing the true facts.3. During pendency of proceedings on the charge sheet, the respondent moved a petition pleading bar under Section 195(1) (a)(i) CrPC by submitting that cognizance in respect of offence under Section 182 IPC could not be taken exceptthe complaint in writing of the public servant concerned or of some otherpublic servant to whom he is administrativelyCharge sheet by CBI was not such a complaint. The trial court dismissed the petition.4. On a revision before the High Court, the High Court reversed the order of the trial court. It wasSection 182, IPC is found in the final report, a complaint in writing from the competent authority is very much essential and no deviation can be taken. Further, in Section 195(1)(a)(iii), it is mentioned that if there is any criminal conspiracy to commit such offence, complaint in writing by the competent authority is necessary. In the instant case, in the final report, it has been clearly stated that all accused have contrived themselves and agreed to perform the said act. Further, since the accused have been facing a charge under SectionIPC, the Court can very well come to a conclusion that each accused is having vicarious liability. Under the said circumstances, the defence taken on the side of the respondent is sans merit. It has already been pointed out that in respect of the 3 offences mentioned in Section 195(1)(a)(i), a complaint in writing is very much essential. Further, as stated supra, in the instant case, Sectionis also available. Under the said circumstances also, a written complaint is very much essential as per the provisions of Section 195(1)(a)(i) and (iii) of Cr.P.C. The Court below has given a finding to the effect that the High Court has directed the CBI to conduct investigation and file a final report and the same has been done. It is pertinent to note that the order passed by the High Court is not at all sufficient to flout/bypass the mandatory provision of Section 195, Cr.P.C. Under such circumstances, the contentions put forth on the side of the respondent are not having any substance. It has already been discussed in detail that the reasons given by thefor dismissing the present petition are totally against the existing law and the same can be

Reasoning:
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.