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JITENDRA KUMAR
Bijay Kumar @ Bijay Kumar Bimal – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J.—The present petitions have been preferred by the petitioners under Section 482 Cr.PC against the order dated 20.06.2015 passed by Shri Avinash Kumar, learned Judicial Magistrate, 1st Class, Madhepura, wereby the learned Magistrate has taken cognizance of offence punishable under Section 188 of the Indian Penal Code against seven accused persons including the petitioner.
2. The prosecution case as emerging from the written report lodged by the Block Development Officer, Gamhariya, dated 13.04.2011 is that on the application of Shri Bijendra Narayan Yadav, Election Agent, Janta Dal (United), Sub Divisional Officer of Madhepura, vide Memo No. 907-2 and 908-2 dated 16.04.2014 had given permission for holding general meeting at Khel ground, Aurahi, Ekparaha, Block – Gamharia, Distt. Madhepura, on 17.04.2014 between 4:00 PM and 4:50 PM. But the public meeting was continued even beyond the given time and despite prohibition, Helicopter was landed, which is violation of model code of conduct.
3. On the basis of the written report, Gamhariya P.S. Case No. 66 of 2014 was lodged against sole accused Bijendra Narayan Yadav. Subsequent to lodging of First Information Report, in
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....
Cognizance of offences under Section 188 IPC requires a written complaint from the concerned public servant, and not a police report; failure to adhere to this renders proceedings void.
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
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