IMPORTANT POINT
The bar under Section 195 of CrPC does not apply to distinct and separate offences disclosed by the same facts, and the entire FIR cannot be quashed solely based on the bar under Section 195 of CrPC.

JUDGMENT :

1. By way of filing this application under Section 482 of the Criminal Procedure Code, the petitioners sought quash of the FIR being C.R.No.II-63/2018 registered with Kodinar Police Station of Gir Somnath District for the offences punishable under Sections 186, 323, 504, 506 (2) and 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

2. Heard learned counsel for the petitioners, Mr.Hardik Soni, learned APP for the respondent-State and learned counsel for the second respondent-defacto complainant.

3. As per the prosecution version, on 6.6.2018, between 10.30 to 11 a.m., when the work of renovation of Kodinar- Panadar road is going on, the complainant, who is working as a Supervisor of Kodinar Nagar Palika along with other employees of Nagar Palika and the contractor-Mansingbhai Rathod, was supervising the said work. When the complainant is supervising said work, it is stated that the petitioners approached the complainant and others and entered into altercation with them with regard to renovation of the said road and they abused the complainant in vulgar language and when the complainant asked them to behave properly, that the petitioners no.1 and 2 attacked him and other employees with sticks and, at that time, residents of the village interfered and pacified the situation. It is stated that the petitioners have left the place threatening the complainant that they will kill him if he again come to the said road to carry on renovation work and that they would implicate him in a false case.

4. The complainant lodged report with the police narrating the above facts and the said report was registered as an FIR for the aforesaid offences.

5. The petitioners have challenged the legal validity of the said FIR on several grounds. Firstly, it is stated that there is a bar under Section 195 of Criminal Procedure Code to take cognizance of offence punishable under Section 186 of IPC and it is only on a complaint made by the public servant before the concerned Court that the Court can take cognizance of an offence under Section 186 of IPC and as no such complaint is filed by the complainant before the concerned Court, as required under Section 195 of CrPC, the FIR that was registered for the said offence is not valid under the law. Therefore, it is the case of the petitioners that said FIR is liable to be quashed for the said offence under Section 186 of IPC. It is also the contention of the petitioners that when the FIR is liable to be quashed for the offence punishable under Section 186 of IPC that the other offences punishable under Sections 323, 504, 506 (2) of IPC and under Section 135 of the Gujarat Police Act cannot be segregated, as those offences are also, according to the prosecution version, committed in the same transaction, arising out of the same incident. So, it is the case of the petitioners that the entire FIR is to be quashed in view of the bar contained in Section 195 of CrPC.

6. Apart from the said ground, it is contended that the husband of the first petitioner has been agitating against the corrupt activities being carried on by the complainant and other employees in relation to said renovation work of the road and that he complained against them to the higher authorities that they are indulging in corrupt activities while constructing said road and, as such, the complainant bore grudge against the petitioners and lodged this false report against them. So it is the case of the petitioners that it is a case which is initiated with malicious intention. It is also their case that, in fact, the petitioners lodged report against the complainant with police relating to an offence committed by him and thereafter this report was lodged as a counter-blast to the said report. Therefore, on these grounds also, the petitioners sought quash of the FIR.

7. As can be seen from the FIR, it was registered for the offence punishable under Section 186 of IPC along with other offences punishable under Secti