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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
| Table of Content |
|---|
| 1. facts regarding the alleged actions of the petitioner. (Para 2 , 3) |
| 2. petitioner's arguments against the charges. (Para 5 , 6 , 7) |
| 3. discuss implications of filing fir under section 188 ipc. (Para 9) |
| 4. legal analysis of section 188 ipc. (Para 10 , 12 , 22) |
| 5. clarify mandatory requirements for cognizance under section 195 crpc. (Para 16) |
| 6. mandatory requirement of complaint under section 195 cr.pc. (Para 18 , 20) |
| 7. establish the necessity of public servant complaints for section 188 ipc. (Para 24) |
| 8. conclusion to quash the proceedings. (Para 28 , 29) |
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
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....
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