“Provisions of S.195 of the Code are mandatory and non-compliance of it would initiate the prosecution and all other consequential orders”. In which case the court upheld so

All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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37.

“Provisions of S.195 of the Code are mandatory and non-compliance of it would initiate the prosecution and all other consequential orders”. In which case the court upheld so

A: C. Muniappan v. State of Tamilnadu

B: Kishun Singh v. State of Bihar

C: State of Karnataka v. Pastor P. Raju

D: None of the above

The answer is: A

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Explanation

The correct option is A. C. Muniappan v. State of Tamilnadu.

In this case, the Supreme Court held that Section 195 of the Code of Criminal Procedure, 1973, which bars the court from taking cognizance of any offence punishable under Section 188 of the Indian Penal Code, 1860, or abetment or attempt to commit the same, unless there is a written complaint by the public servant concerned for contempt of his lawful order, is mandatory and non-compliance of it would vitiate the prosecution and all other consequential orders. The court also observed that Section 473 of the Code of Criminal Procedure, 1973, confers power on the court to extend the period of limitation for taking cognizance, if it is satisfied that the delay has been properly explained and that it is necessary to do so in the interest of justice.