Supreme Court of India · 1966-09-23
M. L. SETHI vs R. P. KAPUR & ANR.
- Citation / case number
- SC 1965/255
- Court
- Supreme Court of India
- Petitioner
- M. L. SETHI
- Respondent
- R. P. KAPUR & ANR.
- Bench
- BHARGAVA, VISHISHTHA
Judgment text excerpt
The Supreme Court ruled that the complaint filed by the respondent under Section 211 IPC was competent and that the Magistrate was not barred from taking cognizance of it under Section 195(1)(b) of the Code of Criminal Procedure. The Court clarified that for the bar under Section 195(1)(b) to apply, there must be an ongoing court proceeding related to the alleged offence, which was not the case here. Consequently, the Court upheld the Magistrate's decision to take cognizance of the complaint, affirming the jurisdiction exercised by the Magistrate.