Central Bureau Of Investigation vs M. Sivamani - Supreme Court

 Central Bureau Of Investigation vs M. Sivamani - Supreme Court Important Judgment 2017 - 

 

On 1st August, 2017, in the case of Central Bureau Of Investigation v. M. Sivamani [Criminal Appeal Nos.1261-1262 of 2017], it was held that “once the High Court directs investigation into a specified offence mentioned in Section 195, bar under Section 195(1)(a) cannot be pressed into service.” It was observed that “while the bar against cognizance of a specified offence is mandatory, the same has to be understood in the context of the purpose for which such a bar is created. The bar is not intended to take away remedy against a crime but only to protect an innocent person against false or frivolous proceedings by a private person.” It was held that the “direction of the High Court is at par with the direction of an administrative superior public servant to file a complaint in writing in terms of the statutory requirement. The protection intended by the Section against a private person filing a frivolous complaint is taken care of when the High Court finds that the matter was required to be gone into in public interest. Such direction cannot be rendered futile by invoking Section 195 to such a situation.” 

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