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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Bijay Kumar @ Bijay Kumar Bimal @ Sri Dr Vijay Kumar Bimal @ Vijay Kumar Bimal, son of Sri Pulkit Prasad Yadav – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(JITENDRA KUMAR, J.)
The present petition under Section 482 Cr.PC has been preferred against the impugned order dated 07.04.2016, passed by Sri Sunil Kumar Singh-III, learned A.C.J.M-IV, Madhepura, whereby learned A.C.J.M has taken cognizance of offence punishable under Section 188 /171C of IPC.
2. The relevant facts of the case are that on a written report of Circle Officer-cum-Incharge Officer, Flying Squad, Gamhariya P.S. Case No. 176 of 2015, was lodged on 31.10.2015 for offence punishable under Section 188 /171C of the INDIAN PENAL CODE against the petitioner.
3. As per the written report, on 31.10.2015 at 1:30 PM, the petitioner, a BJP candidate for Bihar General Assembly Election 2015, was doing road show along with his party workers on State highway in Gamhariya market, along with more than ten two-wheeler vehicles and more than two four- wheeler vehicles. Even videography of the occurrence was done by the officer of the Statistic Surveillance Party.
4. I heard learned counsel for the petitioner and learned APP for the state and perused the materials on record.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implic
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.
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....
The judgment emphasizes the mandatory nature of legal provisions such as Section 195(1) Cr.P.C., Section 2(d) Cr.P.C., and Section 155(2) Cr.P.C. in determining jurisdiction and procedural compliance....
Cognizance of an offence under Section 188 IPC requires a written complaint by a public servant; FIRs based solely on police reports are prohibited and rendered void.
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