Penal Code, 1860–Sec. 211 [Corresponding Sec. 248 of BNS, 2023]–If an offence u/s. 211 is alleged to have been committed in relation to any proceeding in any Court, the bar u/s. 195(1)(b)(i) Cr.P.C. will come into picture and operate–For the prosecution u/s. 211, proceedings are to be initiated upon a complaint in writing by the Court in relation to which the said offence was committed–The offence u/s. 211 is a non-cognizable, bailable and non-compoundable one–Hance, to invoke Sec. 211, complaint is required to be presented before the Court–In the instant case, no such complaint has been submitted by the Court concerned and S.H.O. was having no authority to file the impugned complaint–Learned Magistrate was also not having jurisdiction to take cognizance against the petitioner in view of the bar u/s. 195(1)(b)(i), Cr.P.C. –Impugned order of taking cognizance and entire proceedings quashed.
