Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI, J.
Suresh Ramanbhai Patel & 2 Others– Appellant
Versus
State Of Gujarat & 1 Others – Respondent
R/CRIMINAL MISC. APPLICATION NO. 5434 of 2017 With CRIMINAL MISC. APPLICATION (FOR STAY) NO. 1 of 2021, R/CRIMINAL MISC. APPLICATION NO. 13204 of 2016 With R/CRIMINAL MISC. APPLICATION NO. 6359 of 2017 With R/CRIMINAL MISC. APPLICATION NO. 13356 of 2020 With R/CRIMINAL MISC. APPLICATION NO. 8071 of 2020 With R/CRIMINAL MISC. APPLICATION NO. 12176 of 2020 With R/CRIMINAL MISC. APPLICATION NO. 12830 of 2020
Decided on : 29-10-2021
Indian Penal Code, 1860 – Sections 188, 186, 269, 270, 504, 506(2), 114 – Disaster Management Act, 2005 – Section 51(a) – Gujarat Police Act – Section 135 – Short question that has come up for consideration of this Court in this group of petitions is whether a written complaint by public servant concerned is necessary for a Court to take cognizance of any offence punishable under Sections 172 to 188 (both inclusive) of Indian Penal Code – Held, In present cases, apart from invocation of Sections 172 to 188 of IPC, offences under other Sections of Indian Penal Code as also Gujarat Police Act and Disaster Management Act have been invoked – Test whether there is non-compliance of the provision of Section 195 Cr.P.C. or not is whether facts disclose primarily and essentially an offence for which a complaint of Court or of a public servant is required – Provision of Section 195 Cr.P.C. cannot be evaded by describing offence as one being punishable under some other sections of IPC, though in truth and substance, offence falls in a category mentioned in Section 195 Cr.P.C – In cases on hand, facts suggest that offences, other than one punishable under Sections 172 to 188 of IPC, are inseparable and are related to offence for which a complaint of Court or of a public servant is required or is mandatory – In present cases, admittedly, no such complaint has been given and thus, provision of Section 195 Cr.P.C. have not been complied with – Under circumstances, impugned complaints deserve to be quashed and set aside on this ground alone – Applications allowed.
JUDGMENT :
1. All these applications involve identical questions on law and hence, they are decided by this common judgment.
2. RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent State.
3. The short question that has come up for consideration of this Court in this group of petitions is whether a written complaint by the public servant concerned is necessary for a Court to take cognizance of any offence punishable under Sections 172 to 188 (both inclusive) of the Indian Penal Code.
4. For the purpose of the present applications, the relevant particulars are shown hereunder in a tabular form:
| Sr. No. | Particulars | Challenge |
| 1 | Criminal Misc. Application No. 5434 of 2017 & Criminal Misc. Application No. 6359 of 2017 | First Information Report bearing C.R. No. II-35 of 2017 registered with Pardi Police Station, Pardi, District : Valsad under Sections 186, 188 and 114 of IPC. |
| 2 | Criminal Misc. Application No. 13356 of 2020 | FIR No.11190004200973 registered with Gadhada Police Station under Section 188 of IPC. |
| 3 | Criminal Misc. Application No. 8071 of 2020 | FIR No.11218005200159 registered with Navi Bandar Marine Police Station, Porbandar under Sections 188, 186, 504, 506(2) and 114 of IPC; Section 135 of Gujarat Police Act and Section 51(a) of the Disaster Management Act. |
| 4 | Criminal Misc. Application No. 12176 of 2020 | FIR No.11198025200327 registered with Jesar Police Station under Sections 188, 186, 269, 270, 504, 506(2) and 114 of IPC and Section 135 of Gujarat Police Act |
| 5 | Criminal Misc. Application No. 12830 of 2020 | C.R. No. I - Part ‘A’ 11203024201744 registered with ‘B’ Division Police Station, Junagadh under Sections 188 and 269 of IPC |
| 6 | Criminal Misc. Application No. 13204 of 2016 | Criminal Case No.5542 of 2015 pending before the Court of learned 10th (Adhoc) Additional Civil Judge & JMFC, Ahmedabad (Rural) arising out of C.R. No. II-194 of 2015 registered with Bopal Police Station, Ahmedabad Rural under Sections 186, 188 and 189 of IPC. |
5. The facts, in a nutshell, in each of the cases are as under;
CRIMINAL MISC. APPLICATION No.5434 OF 2017 :
The applicants in this case are members of a political party. On 16.02.2017 the applicants conducted a program in the nature of a demonstration against the policies of the Government. It is the say of the applicants that though necessary permission had been granted by the authority concerned apropos the program, the police authority had restrained them from conducting the demonstration. In connection with the ruckus that ensued, the impugned First Information Report being C.R. No. II-35 of 2017 came to be registered with Pardi Police Station, District : Valsad for offences punishable under Sections 186, 188 and 114 of Indian Penal Code. The applicants in this case are original accused Nos.2 to 4 in the impugned complaint.
CRIMINAL MISC. APPLICATION No.6359 OF 2017 :
The applicant in this case is original accused No.1 in the First Information Report being C.R. No. II-35 of 2017 registered with Pardi Police Station, District : Valsad for offences punishable under Sections 186, 188 and 114 of Indian Penal Code and which is subject matter of Criminal Misc. Application No.5434 of 2017.
CRIMINAL MISC. APPLICATION No. 13356 OF 2020 :
It is the say of the applicants that they are living an ascetic life and reside in the premises of Temples belonging to the Swaminarayan Sect. The applicants are mainly engaged in activity of giving sermons at different places. On 20.08.2020 the impugned complaint being FIR No.11190004200973 was registered before Gadhada Police Station, Botad for offence punishable under Section 188 of IPC inter alia alleging that the applicants had conducted some programs in breach of the Notification issued by the
A written complaint from a public servant is mandatory for cognizance of offences under specific IPC sections, ensuring lawful authority is upheld.
(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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
