Surinder Mohan & Ors. vs State Of Nct Of Delhi & Anr.

ik-43725921 Delhi High Court 17 December 2024 • 19 min read

Judges (1)

Counsel (11)

Archit Singh Counsel Petitioner Ashish Agarwal Counsel Respondent Himanshu Sihag Counsel Petitioner Ishita Misra Counsel Petitioner Manik Dogra Counsel Amicus Nitish Ojha Counsel Petitioner Parul Dureja Counsel Respondent Rajan Chutani Counsel Respondent Shoaib Haider Counsel Respondent Shrey Sharawat Counsel Petitioner Shubham Dular Counsel Petitioner

Parties (2)

State of NCT of Delhi Respondent Surinder Mohan Petitioner

Case Significance

Surinder Mohan & Ors. vs State Of Nct Of Delhi & Anr. is a Delhi High Court decision dated December 17, 2024 (citation: ik-43725921). The petitioners challenged an order directing a complaint under Section 195 CrPC for offences under Sections 173/176/177/181/187/191 IPC, arising from a maintenance case where the Family Court alleged false statements. The Amicus Curiae pointed out that the CMM had taken cognizance without any written complaint being filed, which was procedurally defective. The Court set aside both orders and remanded the matter to the Family Court to consider whether the case warranted proceedings under Sect The case was heard by Justice Subramonium Prasad.

Summary

The petitioners challenged an order directing a complaint under Section 195 CrPC for offences under Sections 173/176/177/181/187/191 IPC, arising from a maintenance case where the Family Court alleged false statements. The Amicus Curiae pointed out that the CMM had taken cognizance without any written complaint being filed, which was procedurally defective. The Court set aside both orders and remanded the matter to the Family Court to consider whether the case warranted proceedings under Section 195 CrPC following proper procedure.

What was the outcome of Surinder Mohan & Ors. vs State Of Nct Of Delhi & Anr.?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-43725921)