1965 (1) Cri LJ 387.2 ::1965 MadLJ(Cri) 141 ::1963 Ker LT 563 ::ILR (1963) 1 Ker 706

Kerala High Court

Hon'ble Judge(s): P. Govinda Menon , J

Criminal P.C. (5 of 1898) , S.476, S.190(1), S.195(1)(c), S.4(1)(h)— Offence referred to in S. 195(1)(c) committed by person not party to proceeding in Munsiff's Court - Complaint by Munsiff as presiding officer to District Magistrate - District Magistrate competent to take cognizance of offence. @page-CriLJ388 Section 476 does not preclude the officer presiding over a Court from himself preferring a complaint in his capacity as a public officer or authority and the jurisdiction of the Magistrate before whom the complaint is laid to try it like any other complaint is not taken away by that section. Thus, where an offence mentioned in S. 195(1)(c) (fabrication of false evidence in this case) is committed by a person who is not a party to a proceeding in Munsiff's Court (Vakil's clerk, in this case), there is not legal impediment to the Munsiff as presiding officer, filling a 'complaint' for such an offence before the District Magistrate and the latter taking cognizance of the Offence :(Para 7 8)