TaxTMI 
TaxTMI 
TaxTMI 
1999 (10) TMI 719
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....isions, While hearing the Writ Petitions (Criminal) Nos, 356-57 of 1996, it was reported on November 5, 1993 to this Court through the Standing Counsel that his signature on the affidavit filed in this Court has been forged. This Court, after considering the two affidavits filed on November 2, 1993 and November 5, 1993 purported to have been made by the petitioner, directed a detailed inquiry to be made by the District Judge, Faridabad about the alleged forgery of the petitioner's signature. The District Judge made a report on January 29, 1994 holding that the petitioner was not responsible for the same. After considering the report of the District Judge this Court ordered investigation as to the purported forgery and the Central Bureau of Investigation (CBI) was entrusted with the inquiry. On receipt of the report of the CBI this Court on April 17, 1995 issued notice to Head Constable Krishan Kumar, SI Ishwar Singh and ASI Randhir Singh as to why they should not be convicted for forgery of the signatures of the petitioner on the affidavits dated November 2, 1993 and November 5, 1993 and also for contempt of this Court for filing false affidavits. On July 10, 1995 this Court ....
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....ce of contempt of the lawful authority of public servants or to an offence against public justice such as giving false evidence under Section 193 IPC, etc. or to an offence relating to documents actually used in a court, private prosecutions are barred absolutely and only the court in relation to which the offence was committed may initiate proceedings. Provisions of Section 195 Cr.P.C. are mandatory and no court has jurisdiction to take cognizance of any of the offences mentioned therein unless there is a complaint in writing as required under that Section. It is settled law that every incorrect or false statement does not make it incumbent upon the court to order prosecution, but to exercise judicial discretion to order prosecution only in the larger interest of the administration of justice. Section 340 Cr.P.C. prescribes the procedure as to how a complaint may be preferred under Section 195 Cr.P.C. While under Section 195 Cr.P.C, it is open to the court before which the offence was committed to prefer a complaint for the prosecution of the offender, Section 340 Cr.P.C. prescribes the procedure as to how that complaint may be preferred. Provisions under Section 195 Cr.P.C. are....
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.... those powers and ordinarily it cannot disregard a statutory provision governing a subject except perhaps to balance the equities between the conflicting claims of the litigating parties by "ironing out the creases" in a cause or matter before it. Indeed the Supreme Court is not a court of restricted jurisdiction of only dispute-settling. The Supreme Court has always been a law-maker and its role travels beyond merely dispute-settling. It is a "problem-solver in the nebulous areas" but the substantive statutory provisions dealing with the subject-matter of a given case cannot be altogether ignored by the Supreme Court while making an order under Article 142. Indeed these constitutional powers cannot, in any way, be controlled by any statutory provisions but at the same time these powers are not meant to be exercised when their exercise may come directly in conflict with what has been expressly provided for in a statute dealing expressly with the subject." It was made clear in Supreme Court Bar Association case (supra) that under Article 142 of the Constitution this Court cannot altogether ignore the substantive provisions of a statute and pass orders concerning an issue which can ....
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....se (supra), this Court could not have assumed jurisdiction by issue of a notice proposing conviction for forgery and making false statements at different stages in the court punishable under Section 193 IPC without following the procedure prescribed under Sections 195 and 340 Cr.P.C. Primarily this Court does not exercise any original criminal jurisdiction in relation to offences arising under Section 193 IPC and secondly the seriousness of the charge arising under Section 193 IPC requires an elaborate inquiry and trial into the matter by me competent criminal court and a summary inquiry by mere issuing a show cause notice and considering affidavits or inquiry reports would not tantamount to a procedure provided under the Criminal Procedure Code. The order made by this Court convicting the petitioner under Section 193 IPC is, therefore, one without jurisdiction and without following due procedure prescribed under law. Though it is not clear from the impugned order whether the powers under Article 142 of the Constitution were exercised to convict the petitioner under Section 193 IPC, we have proceeded on the assumption that it is by exercise of that power that the impugned order had....