KULDIP SINGH vs THE STATE OF PUNJAB AND ANOTHER.

The Supreme Court held that under Section 476-A and Section 195(3) of the Code of Criminal Procedure, the competency to make a complaint for offences committed in a civil proceeding depends on the hierarchy of courts and the nature of the proceeding. The Court ruled that the Senior Subordinate Judge lacked jurisdiction to entertain the complaint as it was not made by the appropriate court, and the Additional Judge could not assume jurisdiction incorrectly. The High Court's upholding of the complaint was erroneous, necessitating a remittance to the District Judge for proper disposal.