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SUBRAMONIUM PRASAD
IN THE MATTER OF: Lakshay Mehra – Appellant
Versus
State Of NCT Of Delhi – Respondent
JUDGMENT :
1. This Petition has been filed under Section 482 Cr.P.C. seeking the quashing of FIR No. 187/2019 dated 13.06.2019 registered at PS Kotla Mubarakpur under Sections 186, 353 read with 34 of the Indian Penal Code, 1860 (hereinafter, “IPC”) and Section 33 of the Delhi Excise Act, 2009 and setting aside the Impugned Order, dated 12.01.2022 passed by the Saket District Courts, New Delhi.
2. The facts in brief are:
During the entry of the raiding team the restaurant staff tried to obstruct them in discharge of their official duties and shifted the liquor stock from the bar counters to a room on the terrace of the restaurant. The lock of the terrace room was broken by the Excise Department officials at around 5:05 AM, in the presence of all Excise Inspectors and the local Police. From the said room, 52 bottles of non-duty paid alcohol were recovered and seized. It is pertinent to ment
Cognizance of offences under Section 186 IPC requires a written complaint from the public servant, failing which the order is void ab initio.
(1) Voluntarily obstructing public servant from discharge of his public functions – Section 195(1)(a)(i) of Cr.P.C. bars court from taking cognizance of any offence punishable under Sections 172 to 1....
The main legal point established is that charges under Sections 188, 269, and 270 IPC cannot be initiated without a written complaint as per Section 195 of CrPC, and the court has the inherent jurisd....
Mandatory nature of Section 195 Cr.P.C. and its specific bar on taking cognizance of offences indicated in the chargesheet under Section 188 of IPC in the absence of a written complaint by the author....
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