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1996 Supreme(Del) 466

USHA MEHRA
GURINDER SINGH – Appellant
Versus
STATE OF DELHI – Respondent


Usha Mehra, J.

( 1 ) PETITIONERS have assailed their being implicated for offences punishable under Section 186/5061 323/353/34, Indian Penal Code (In short IPC ). The circumstances leading to their implication are that atbhairon Road-Mathura. Road T pouit Costable Hukam Singh was assaulted and criminal force was used and other police officials who arrived at the spot were insulted. Constable Hukam Singh s statement was recorded which ultimately became the FIR. Challan was filed. The learned Metropolitan Magistrate (in short mm ) took cognizance. It is against the order of summoning and charge that the present petition has been filed. The order of taking cognizance by the learned M. M. has been assailed primarily on the ground that there is a complete bar under Section 195 of the Code of Criminal Procedure (In short the Cr. P. C.) for taking cognizance of an offence punishable under Section 186, Indian Penal Code by the Court. The grievance of the petitioners is that no written complaint as envisaged under Section 195, Criminal Procedure Code. was submitted by Constable Hukam Singh. His statement was under Section 161 Criminal Procedure Code. and not a written complaint. The said

















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