Point of Law: Section 195 of Cr.P.C. reads as prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

ORDER :

1. This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.3944/2019 arising out of Crime No.56/2019 registered by the Hassan City Police Station, Hassan for the offence punishable under Section 188 of the Indian Penal Code, 1860 (for short 'IPC') and Section 126 of Representation of People of Act, 1950 (for short 'R.P. Act'), pending on the file of Prl. Civil Judge and JMFC, Hassan.

2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondents.

3. The case of the prosecution is that the complainant-Balakrishna G.M., who is said to be the flying squad of the election was appointed for monitoring the violation of election rules at Lok Sabha M.P. elections, deputed to the Hassan Constituency has filed a complaint alleging that on 17.04.2019, the complainant came to know that the petitioner who is said be the BJP Lok Sabha candidate for Hassan constituency said to be conducted press meet at Mallige Hotel, Hassan. In spite of imposing curfew under Section 144 of Cr.P.C., the petitioner by violating the order has said to be conducted the press meet and thereby violated the promulgation of the Authority which is punishable under Section 188 of IPC and 126 of R.P. Act. The Police after registering the FIR filed the charge-sheet, which is under challenge.

4. The learned counsel for the petitioner has contended that as per Section 195 of Cr.P.C., the Police cannot register FIR, the complainant required to file a complaint before the Court under Section 200 of Cr.P.C. and the FIR cannot be registered by the Police and there is a gross violation of the procedure stated in the Cr.P.C. and further contended that Section 126 of the R.P. Act is non-cognizable offence. Without permission of the Court, the FIR cannot be registered and charge-sheet cannot be filed and thereby, the charge-sheet is not sustainable. Hence, prayed for quashing the same.

5. Learned counsel also submits that in view of the violation of Section 195 of Cr.P.C., the proceedings cannot be continued which is abuse of process of law. In the similar matter, the Co-ordinate Bench of this Court has quashed the criminal proceedings in respect of the same petitioner in W.P.No.16510/2018 dated 09.08.2021.

6. Per contra, learned High Court Government Pleader objected the petition and however, fairly admits that the complainant required to file complaint under Section 200 of Cr.P.C. The complaint under Section 154 of Cr.P.C. is not sustainable in view of the bar under Section 195 of Cr.P.C.

7. Having heard the arguments and on perusal of the records, admittedly, the FIR has been registered by the Police on the complaint of one Balakrishna G.M. who is said to be appointed as a Flying Squad for the M.P election of Lok Sabha, Hassan Constituency. It is alleged that on 17.04.2019, the petitioner said to be held the press meet by violating the order of the Authority. Admittedly, the Police registered FIR and filed charge-sheet. Section 195(1)(a)(i) of Cr.P.C. states, of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal code, where except on the complaint in writing of the 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. Section 195 of Cr.P.C. reads as under:

"195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

(1) No Court shall take cognizance-

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or

(ii) of any abetment of, or attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administrativ