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2023 DIGILAW 577 (MP)

Shivam @ Shyamsundar Sharma v. State of M. P.

2023-05-12

DEEPAK KUMAR AGARWAL

body2023
ORDER 1. This criminal revision under section 397 read with section 401 of Cr.P.C. has been filed by the applicants against the order of framing of charges dated 5.12.2022 passed by 8th Additional Sessions Judge Gwalior in S.T. No.505/2022 whereby the charges under section 195-A, 34 and 506 of IPC have been framed against the applicants. 2. Counsel for the applicants has submitted that inspite of nonavailability of any cogent evidence on record, learned court below has erred in imposing the charge under aforesaid section. As per versions of First Information Report and statements of witnesses, it is clear that the accused persons did not do any act which comes under the purview of section 195-A and 506 of IPC. 3. Counsel for the applicants has further submitted that the entire proceeding is vitiated on account of the legal position as under section 195-A of Cr.P.C. only a complaint can be entertained in respect of an offence committed under section 195-A of IPC. In support of his contention, the counsel has relied upon the order dated 3.8.2018 passed by the coordinate Bench of this Court in Criminal Revision No.3385/2017 (Ratanlal v. The State of Madhya Pradesh) as also the order dated 11.9.2014 in M.Cr.C. No.76/2014 (Smt. Lalita Yadav & others v. The State of Madhya Pradesh). Thus, it is submitted that when the FIR in itself could not have been lodged, the order of framing the charges in the same case deserves to be quashed. 4. Counsel for the respondent/State has opposed the prayer and has submitted that the charges have been framed after taking cognizance of the FIR. 5. So far as the judgment passed in the case of Smt. Lalita Yadav (supra) is concerned, this Court while allowing the petition has observed as under :- "I have gone through the FIR and other facts and circumstances of the case. Section 195-A of the CrPC. reads thus:- 195A. Procedure for witnesses in case of threatening, etc.- A witness or any other person may file a complaint in relation to an offence under section 195A of Indian Penal Code. (45 of 1860). Section 195-A of the CrPC. reads thus:- 195A. Procedure for witnesses in case of threatening, etc.- A witness or any other person may file a complaint in relation to an offence under section 195A of Indian Penal Code. (45 of 1860). A bare reading of section 195-A of the Cr.P.C. makes it clear that a private complaint is necessary for taking the cognizance of the offence under section 195-A of the IPC but at the same time there is no necessity to file private complaint in respect of the other offences. In these circumstances, in my opinion, the Police has mistakenly registered the case under section 195-A of the IPC and same is liable to be set aside. Other offences are cognizable and triable by the competent Court without any private complaint. In these circumstances, the impugned Crime No.643/2013 is liable to be set aside so far as it relates to section 195-A of the IPC” 6. Similarly, in the present case also the FIR has been registered at the instance of the complainant under section 195-A, r/w 34, 506 of IPC and as such the same so far as it relates to section 195-A, r/w 34, 506 of IPC is concerned, the same cannot be sustained in the eyes of law. 7. Consequently, this petition is allowed. Order dated 5.12.2022 passed by 8th Additional Sessions Judge Gwalior in S.T. No.505/2022 whereby the charges under section 195-A, 34 and 506 of IPC have been framed against the applicants, is hereby set aside. 8. This revision is disposed of.