PERUMAL versus JANAKI

Citation: [2014] 1 S.C.R. 591 · Decided: 20-01-2014 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2014] 1 S.C.R. 591 
PERU MAL 
v. 
JANAK! 
(Criminal Appeal No.169 of 2014) 
JANUARY 20, 2014 
[P. SATHASIVAM, CJI AND J. CHELAMESWAR, J.) 
CODE OF CRIMINAL PROCEDURE, 1973: 
A 
8 
ss. 195, 340 - Private complaint - Maintainability -
c 
Private complaint. against respondent-police officer by 
appellant praying for trial of the respondent uls.193, /PC on 
the ground that the appellant was prosecuted in a criminal 
case on the basis of a palpably false statement made by the 
respondent - Magistrate dismissed the complaint on the 
0 
ground that in view of ss. 195 and 340, the complaint of the 
appellant; was not maintainable - High Court affirmed the 
same - Held: In the light of the language of s.195, the 
conclusion of the Magistrate in dismissing the complaint for 
the reason that the complaint is not filed by the person 
contemplated u/s. 195 is correct - As a matter of fact, the Court 
E 
before whom the instant complaint was lodged was not the 
same Court before whom the appellant was prosecuted by the 
respondent:- However, both s.195(1) and s.340(2) authorise 
the exercise of power conferred u/s.195(1) by any other court 
to which the court in respect of which the offence is committed 
F 
is subordinate to - The High Court, being constitutional court, 
invested with the powers of superintendence over all courts 
within the territory over which it exercises its jurisdiction is 
certainly a Court which could have exercised the jurisdiction 
u!s.195(1) - High Courts not only have the authority to 
G 
exercise such jurisdiction but also have an obligation to 
exercise such power in appropriate cases - Therefore, matter 
remitted to High Court for appropriate course of action to-
591 
H 
592 
SUPREME COURT REPORTS 
[2014] 1 S.C.R. 
A initiate proceedings against respondent on the basis of the 
complaint of appellant in accordance with law - Penal Code, 
1860 - ss.191, 193. 
On a complaint of one 'N' that the appellant enticed 
her of marrying her and had sexual interaction and on 
8 account of that 'N' became pregnant, a case was 
registered against the appellant under Sections 417 and 
506(i) IPC by the respondent-sub-inspector. The 
respondent thereafter filed a charge sheet with an 
assertion that the appellant was responsible for making 
C 'N' pregnant. The Magistrate dismissed the complaint and 
appellant was acquitted of both the charges. The High 
Court affirmed the same. Thereafter, the appellant filed a 
complaint under Section 190, Cr.P.C. praying that the 
respondent be tried for an offence under Section 193 IPC. 
D The complaint was dismissed on the ground that in view 
of Sections 195 and 340 Cr.P.C. the complaint of the 
appellant was not maintainable. The High Court affirmed 
the order of dismissal of complaint. The instant appeal 
E 
was filed challenging the order of the High Court. 
Allowing the appeal and remitting the matter to the 
High Court, the Court 
HELD: 1.1. The respondent had filed a charge-sheet 
with an assertion that the appellant was responsible for 
F pregnancy of 'N', however, even before the filing of the 
charge-sheet, a definite medical opinion was available to 
the respondent (secured during the course of the 
investigation of the offence alleged against the appellant) 
to the effect that 'N' was not pregnant. Still the 
G respondent chose to assert in the charge-sheet that 'N' 
was pregnant. Thus, at every stage of the matter, the 
enquiry was misdirected. The facts prima facie may not 
constitute an offence under section 193 IPC but may 
constitute an offence under section 211 IPC. This aspect 
H was not examined at any stage in the case. The offence 
PERUMAL v. JANAKI 
593 
under section 193 IPC is an act of giving false evidence A 
or fabricating false evidence in a judicial proceeding. The 
act of giving false evidence is defined under section 191 
IPC. To constitute an act of giving false evidence, a 
person must make a statement which is either false to the 
knowledge or belief of the maker or which the maker 8 
does not believe to be true. Further, it requires that such 
a statement is made by a person (1) who is legally bound 
by an oath; (2) by an express provision of law to state 
the truth; or (3) being bound by law to make a declaration 
upon any subject. [Paras 13, 14, 15 and 16] [600-C-H; 601-
C 
A-8, E-F; 602-A] 
1.2. A police officer filing a charge-sheet does not 
make any statement on oath nor he is bound by any 
express provision of law to state the truth th

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