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may 1984

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.

STATE OF U.P. vs SURESH CHANDRA SRIVASTAVA & ORS. · Niyam