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J. B. PARDIWALA, R. MAHADEVAN
Devendra Kumar – Appellant
Versus
State (NCT of Delhi) – Respondent
What is the scope of Section 195(1)(a)(i) Cr.P.C. in baring cognizance and whether a public servant’s complaint is required for offences under IPC sections 172-188? What are the criteria to decide if multiple offences arising from the same facts fall within or outside the bar of Section 195 Cr.P.C. and whether severance is permissible? How does Section 195 Cr.P.C. interact with investigations under Section 156(3) and the filing of complaints under Section 340 Cr.P.C. when offences under IPC 186/341 are involved?
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
| Table of Content |
|---|
| 1. overview of case and complaint details. (Para 1 , 2 , 3 , 4 , 5) |
| 2. discussion on appropriate legal procedures. (Para 6 , 12 , 13 , 15 , 16) |
| 3. arguments against the registration of fir. (Para 8 , 9 , 10) |
| 4. analysis of section 186 ipc and nature of obstruction. (Para 11 , 14 , 19 , 22 , 29) |
| 5. clarification on the applicability of section 195 cr.p.c. (Para 39 , 47 , 59) |
| 6. final summary and disposal of the petition. (Para 60 , 61) |
JUDGMENT :
For the convenience of exposition, this judgment is divided in the following parts:
1. This petition arises from the judgment and order passed by the High Court of Delhi dated 12th September 2024 in Writ Petition (Criminal) No. 2047 of 2013 and connected Criminal Miscellaneous Application No. 18861 of 2013 by which the writ petition along with the connected application came to be rejected, thereby affirming the order dated 28.11.2018 passed by the Chief Metropolitan Magistrate directing registration of the FIR against the petitioner-herein for the offence punishable under Sections 186 and 341 respectively of the INDIAN PENAL CODE , 1860 (for short “I.P.C”).
2. It appears from the materials on record that the respondent no. 2 herein a
(1) Voluntarily obstructing public servant from discharge of his public functions – Section 195(1)(a)(i) of Cr.P.C. bars court from taking cognizance of any offence punishable under Sections 172 to 1....
Cognizance of offences under Sections 172 to 188 IPC requires a written complaint from the concerned public servant, as per Section 195 Cr.P.C., rendering proceedings without such complaint void.
Cognizance of offences under Section 186 IPC requires a written complaint from the public servant, failing which the order is void ab initio.
Disobedience to order duly promulgated by public servant – Magistrate cannot take cognizance of offence punishable under Section 188 IPC upon police report, though offence under Section 188 IPC is co....
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