Pramod Durgadas Patil And Another v. The State Of Maharashtra And Another

30-cr.appln.no.2864.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2864 OF 2021 Pramod s/o. Durgadas Patil and anr.

..Applicants Vs.

The State of Maharashtra and anr.

..Respondents ---- Mr.G.K.Naik-Thigle, Advocate for applicants Mr.R.V.Dasalkar, APP for respondent - State ---- CORAM : R.G.AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE : OCTOBER 16, 2023 ORDER :- Heard.

2.

The applicants are sought to be prosecuted for the offence punishable under Section 188 of Indian Penal Code. Cognizance of the said offence has been taken on the basis of the police report under Section 173 of the Code of Criminal Procedure (Cr.P.C.) There is interdict of Section 195(1) of the Cr.P.C. Cognizance of the said offence has only to be taken based on the complaint lodged by the concerned public servant or his sub-ordinate duly authorised in this behalf. Since cognizance has not been taken on complaint but police report, interdict of Section 195(1) of Cr.P.C. comes with full force.

30-cr.appln.no.2864.2021 3.

We, therefore, allow this application and set aside action of taking cognizance of the police report.

4.

Liberty to comply with the mandate of the Code of Criminal Procedure and file complaint, if so advised. [SANJAY A. DESHMUKH, J.] [R.G. AVACHAT, J.] KBP