PATEL LALJIBHAI SOMABHAI vs THE STATE OF GUJARAT

The Supreme Court interpreted Section 195(1)(c) of the Code of Criminal Procedure, 1898, holding that it restricts cognizance of offences under Sections 467 and 471 IPC only when the alleged offence is committed by a party in their capacity as such during the proceedings. The Court clarified that while Section 471 IPC is covered by this prohibition, Section 467 IPC can be prosecuted without a complaint if the forgery occurred after the party became involved in the proceedings. The judgment emphasized the necessity of a close nexus between the offence and the judicial proceedings for the court to exercise its exclusive right to complain.