
Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
Live LawWhile directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present case, was from the judgment and order dated 5th February, 1991 of the Kerala High Court in Criminal Appeal No. In 2022, the clerk and Raju filed separate petitions before the High Court for quashing of the criminal proceedings, claiming that cognizance could not have been taken by the JFCM as there was a bar under Section 195 CrPC. In such a case, where the High Court as a superior Court directs a complaint to be filed in respect of an offence covered under Section 195, the bar for taking cognizance, will not apply.
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