Khushi Gupta
Published on: June 7, 2022 at 20:28 IST
The Karnataka High Court has said the bar under Section 199 of the CrPC on a Magistrate from exercising powers under Section 156(3) of the CrPC on a complaint involving offences punishable under Section 500 of the IPC, would be applicable even in cases where offences are alleged for other offences in addition with Section 500 of the IPC.
A Single Judge Bench of Justice M. Nagaprasanna made the above observation while allowing a Petition filed by Divya and another.
The Petition called in question proceedings before Additional Chief Metropolitan Magistrate, Bangalore arising out of a private complaint registered for offences punishable under Sections 211, 500 and 499 of the IPC.
It was submitted that the Magistrate could not have directed investigation by the Police in the matter of defamation as there can be no involvement of the Police. It was would further submitted that under Section 199 of the CrPC the complainant cannot be claimed to be an aggrieved person.
Whereas, the Counsel appearing for the respondent contended that the Petitioners had foisted a false case against the complainant and the allegations did require an investigation as Sections 211 and 34 of the IPC were also part of the FIR that was registered.
The Bench said, “The instant case concerns defamation under Section 499 of the IPC which becomes punishable under Section 500 of the IPC. Therefore, there cannot be any controversy about how the learned Magistrate should take cognisance of the offence. The cognisance shall be taken only on a complaint and not on a report filed by the Police.”
The Bench then relied on Subramaniam Swamy Vs Union of India, (2016), where it was held that where the complaint before the Magistrate involves offence punishable under Section 500 of the IPC, the Magistrate cannot exercise powers under Section 156(3) of the CrPC. This would become applicable even in cases where offences are alleged of other provisions of law along with Section 500 of the IPC.
Thus, it allowed the Petition and set aside the order of the Magistrate Court and directed the Magistrate to take up further proceedings in the case.