Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 7262 of 2010 Petitioner :- Ravindra Pratap Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- K.D. Tiwari Respondent Counsel :- Govt. Advocate,Juned Alam,Sheo Ram Singh Hon'ble Ashok Kumar Roopanwal,J.
This writ petition has been filed against the order dated 12.10.2009 passed by
the Judicial Magistrate, Kushi Nagar at Padrauna, in Case No. 1503 of 2008,
State Vs. Ravindra Pratap Singh and others and the order dated 5.4.2010
passed by the Additional Sessions Judge, Kushi Nagar at Padrauna, in
Criminal Revision No. 101 of 2009, Ravindra Pratap Singh and others Vs.
State of U.P. whereby an application purported to be u/s 195 Cr.P.C. was
rejected by both the courts below.
Heard Mr. K. D. Tiwari, learned counsel for the petitioner, learned AGA for
the State, Mr. Juned Azam, learned counsel for O.P. No. 2, and perused the
record.
Mr. Tiwari argued that the petitioner gave false evidence before the court of
Consolidation Officer and therefore, before prosecuting him a complaint
should have been filed by the court concerned as the offence alleged to have
been committed was an offence u/s 193 Cr.P.C., which is covered u/s 195
Cr.P.C.
To the above, Mr. Azam argued that the petitioner was never prosecuted for
the offence punishable u/s 193 I.P.C. and therefore, there was no requirement
of filing a complaint by the court in which the offence is said to have been
committed.
It is not disputed by Mr. Tiwari that his client is not facing the charge for the
offence u/s 193 I.P.C. and that being the position, the provisions of section
195 Cr.P.C. does not come into play and both the courts below were justified
in not accepting the request of the petitioner for dropping the proceedings u/s
195 Cr.P.C.
In view of the above, this writ petition has no merits and is dismissed.
Order Date :- 23.7.2010
Pcl