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Supreme Court of India 2017-08-01 allowed

Central Bureau of Investigation vs M. Sivamani

Bench: 2 — Adarsh Kumar Goel

In Brief

A false insurance claim conspiracy case raised the question of whether a CBI charge sheet filed under the High Court's directions could satisfy the mandatory statutory bar under Section 195 CrPC, which normally requires written complaint from a public servant. The Supreme Court held that the statutory bar protects persons against frivolous private complaints, not legitimate investigations ordered by superior courts in the public interest. Since the High Court itself directed the CBI investigation into the alleged fraudulent compensation claim, its direction satisfied the Section 195 requirement. The bar cannot be invoked to obstruct prosecution when a competent court determines investigation is necessary for justice. The appeal was allowed and proceedings directed to be concluded within six months.

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Criminal Procedure Evidence Corruption False Evidence Section 195 CrPC Criminal Conspiracy Statutory Bar

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