KAMLAPATI TRIVEDI vs STATE OF WEST BENGAL

The Supreme Court held that Section 195(1)(b) of the Code of Criminal Procedure prohibits a court from taking cognizance of offences punishable under certain sections, including Section 211 IPC, if the offence is alleged to have occurred in relation to court proceedings without a written complaint from the Magistrate. The Court found that the Magistrate acted contrary to this provision by taking cognizance of the complaint against the appellant without such a written complaint. Consequently, the appeal was allowed, quashing the proceedings against the appellant.