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Supreme Court of India 2019-02-04 dismissed

SH. NARENDRA KUMAR SRIVASTAVA vs THE STATE OF BIHAR

Bench: 2 — A.K. Sikri, S. Abdul Nazeer

In Brief

A government employee (Narendra Kumar Srivastava) sought Assured Career Progression (ACP) benefits through administrative proceedings. After the High Court directed officials to reconsider his claim, he filed a contempt petition alleging they had submitted false affidavits. When the contempt case was dropped, he filed a private criminal complaint under Section 193 of the IPC (false evidence) against the respondent officials. The Supreme Court held that such prosecution cannot be initiated through private complaints; Section 195(1)(b)(i) of the Code of Criminal Procedure mandatorily requires that only the court in whose proceedings the false evidence occurred can authorize prosecution through formal written complaint under Section 340. The appeal was dismissed, upholding the High Court's decision to quash the private complaint.">

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Criminal Procedure Evidence Contempt of Court False Evidence Judicial Proceedings

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