Supreme Court of India · 1981-01-27
STATE OF KARNATAKA vs HEMAREDDY ALIAS VEMAREDDY AND ANR.
- Citation / case number
- SC 1975/60575
- Court
- Supreme Court of India
- Petitioner
- STATE OF KARNATAKA
- Respondent
- HEMAREDDY ALIAS VEMAREDDY AND ANR.
- Author
- A. VARADARAJAN
- Bench
- A. VARADARAJAN
Judgment text excerpt
The Supreme Court held that Section 195(1)(b)(i) of the Code of Criminal Procedure, 1973, mandates that no court shall take cognizance of offences under certain IPC sections, including Section 193, without a written complaint from a court. The Court found that the High Court erred in acquitting respondent No. 1 on the grounds of maintainability, as the prosecution was valid despite being initiated by a private individual. The Court reinstated the conviction under Section 467 read with Section 114 IPC, emphasizing the necessity of a proper complaint for prosecution under the specified sections.