Gursewak Singh And Others v. State Of Ut Chandigarh And Others
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Learned counsel appearing on behalf of Union Territory, Chandigarh, though contends that he was informed of the order of DM but is not in a position to controvert the legal position as has been held in judgment relied upon by the learned counsel for the petitioners. Heard learned counsel for the parties at length. Section 195 of the Code reads as under:
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6 As per Section 195 of the Code, no Court shall take cognizance of any offence punishable under Sections 172 to 188 (both inclusive) of IPC except on the complaint in writing of that Court or by such officer of the Court as that Court may authorize in writing in this behalf, or of some other Court to which that Court is subordinate.
In the present case, proceedings against the petitioner under Section 188 of IPC have been initiated on the basis of F.I.R. and not on the basis of any complaint in writing of the public servant concerned as it required under Section 195 (1) (a) of the Code. However, Section 195 of the Code specifically provides that proceedings under Section 188 of IPC can only be initiated on the basis of complaint made in writing by the public servant concerned to the Court. The police has no power to register a case for the offence under Section 188 of IPC and investigate the matter. The registration of FIR for the offence under Section 188 of IPC is not permitted by the Code."
In the case of Jiwan Kumar vs. State of Punjab and others: 2009
(1) R.C.R. (Criminal) 415, a Coordinate Bench of this Court has held as
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