Supreme Court of India · 1984-05-03
STATE OF U.P. vs SURESH CHANDRA SRIVASTAVA & ORS.
- Citation / case number
- SC 1980/63273
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- SURESH CHANDRA SRIVASTAVA & ORS.
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that Section 195(1)(b)(ii) of the Code of Criminal Procedure restricts cognizance of certain offences unless a complaint is filed. The Court affirmed the High Court's decision to quash proceedings under Sections 467, 471, and 120B IPC, as the allegations did not constitute these offences. However, it ruled that other offences under Sections 262, 263, 380, and 420 IPC could proceed without a complaint under Section 195, establishing that separate offences not covered by Section 195 can still be prosecuted.