MR Ajayan Vs State Of Kerala 2024 INSC 881 - S 195 CrPC - Article 136 Constitution

Code Of Criminal Procedure 1973 - Section 195 - 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. 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- there is no distinction between a judicial or administrative order by a “Court to which that Court is subordinate.” (Para 22-29)

Code Of Criminal Procedure 1973 - Section 195- i. The procedure prescribed under Section 195 Cr.P.C. is mandatory in nature. ii. The Section curtails the general right of a person and the general right of a Magistrate to register a complaint when the offences enumerated thereunder are committed. iii. The Section deals with three distinct categories of offences: (1) contempt of lawful authority of public servants, (2) offence against public justice, and (3) offence relating to documents given in evidence. iv. Broadly, the scheme of the Section requires that the offence should be such which has a direct bearing on the discharge of lawful duties of a public servant or has a direct correlation with the proceedings in a Court of justice, affecting the administration of justice.v. The provision only creates a bar against taking cognizance of an offence in certain specified situations except upon complaint by the Court. vi. To attract the bar under Section 195(1)(b), the offence should have been committed when the document was in “custodia legis” or in the custody of the Court concerned. vii. The bar under Section 195(1)(b)(ii) cannot be thought to be applied when the forgery of a document has happened prior to its production in Court. The bar only applies in case the enumerated offence takes place after the production of the document or in evidence in any Court. viii. High Courts can exercise jurisdiction and power enumerated under Section 195 on an application being made to it or suo-motu, whenever the interest of justice so demands. ix. 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(1)(b)(i), the bar for taking cognizance, will not apply.

Code Of Criminal Procedure 1973 - Section 386- The appellate Court may direct a retrial only in "exceptional" circumstances to avert a miscarriage of justice- The following are some instances, not intended to be exhaustive, of when the Court could order a retrial on the ground of miscarriage of justice: (a) The trial court has proceeded with the trial in the absence of jurisdiction; (b) The trial has been vitiated by an illegality or irregularity based on a misconception of the nature of the proceedings; and (c) The prosecutor has been disabled or prevented from adducing evidence as regards the nature of the charge, resulting in the trial being rendered a farce, sham or charade

Constitution of India - Article 136 - An appeal by a private individual can be entertained, both sparingly and after due vigilance. (Para 17)