Central Bureau of Investigation , Lucknow, U.P. Vs. Indra Bhushan Singh & Ors.
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Head Note
The Code of Criminal Procedure, 1973 - Section 195 (1) , Section 340 , Indian Penal Code,1860 - Section 193 , Section 196 , Section 420 , Section 120-B
Cheating - Authorization to pass order - Legality - A complaint was filed before Single Judge against respondent and Dr. Rahul under provisions of ss. 195(1)(b)(i), 195(1)(b)(iii) of CrPC and sought punishment of accused persons u/s. 120-B of IPC r/w ss. 193, 196, 420 thereof and independently u/s. 193 of IPC - Single Judge of Allahabad HC passed orders - Hence instant appeals - Whether complaint filed against respondents u/s. 195(1)(b) of CrPC was authorized by Allahabad HC - Held, if complaint was filed without any authority conferred, it was no complaint at all, and that would make requirement of sanction completely irrelevant - Court passed an order to effect that Allahabad HC was required to be impleaded as party respondent 'for an effective hearing of these appeals, and to do complete justice between parties' - Accordingly, notice was issued to Allahabad HC - In response an affidavit was filed on behalf of HC - It was quite clear from affidavit filed by HC that 'K' had filed complaint against Dr.Rahul and another without any authority conferred on him by HC - Since complaint was filed without any authority, Court could not had taken cognizance of it or proceeded with matter, he lacked jurisdiction to do so since there was no valid complaint before him - In view of categorical stand of Allahabad HC that no sanction or authorization was given to complainant to file complaint against Dr. Rahul and another there was no merit in these appeals - Appeals dismissed.
Topic(s)-Complaint – Complainant not authorize