Topic
Madhya Pradesh High Court rules that clerical staff cannot refuse filing of applications under CrPC Sections 195 and 340 for prosecution sanction. The merits of the application must be decided by the presiding officer, ensuring access to justice and procedural fairness for litigants.
The Punjab & Haryana High Court has held that once a civil suit concludes with a final judgment, Section 195(1)(b) CrPC cannot be invoked to launch criminal proceedings for false testimony given in that suit. This reinforces the principle that civil disputes must be resolved within the civil framework and prevents criminal law from being weaponized to relitigate settled civil matters.
Calcutta High Court rules that cognizance under Section 188 IPC cannot be taken on a police report alone-mandatory written complaint by the public servant is essential. The judgment quashes proceedings initiated without compliance with CrPC 195(1)(a), reinforcing Sharif Ahmed standards and curbing arbitrary police action in contempt-related offenses.