In Brief
This appeal concerns whether a private citizen can file a complaint for false evidence (Section 193 IPC) in court proceedings. The appellant, seeking Assured Career Progression pay benefits after administrative disputes, alleged that respondents had filed false affidavits in a High Court contempt proceeding. He filed a private complaint before a Magistrate. The Supreme Court held that Section 195(1)(b)(i) of the Criminal Procedure Code absolutely bars private complaints for false evidence in judicial proceedings. Prosecution can only be initiated by the court concerned through the procedure under Section 340 CrPC, after judicial discretion determines it is expedient for justice. The Magistrate erred in taking cognizance. Appeal dismissed; High Court's order quashing the complaint upheld.
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