UMESH A. TRIVEDI
Dinesh Shankarlal Chauhan – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) as also under Article 226 of the Constitution of India praying for quashing of the FIR registered as C.R. No. 11191041200772 of 2020 registered with Shaherkotda Police station, Ahmedabad City, for the alleged offences punishable under Section 501, 500 and 114 of the Indian Penal Code (hereinafter referred to as the “IPC”) as also under Sections 112 and 117 of the Gujarat Police Act, filed by respondent No.2 herein, who is Unarmed Head Constable of Shaherkotda Police station, Ahmedabad City.
2. Brief facts of the case are as under:-
2.1 Respondent No. 2 herein - Unarmed Head Constable Bharatkumar Kalidas, on 27.07.2020, registered First Information against the applicant for the aforesaid offences stating therein that, while he was present in the Office in Surveillance Squad, he came to know that the applicant – Joint Secretary of Communist Party of India, pasted certain posters at different places stating therein that, in Shaherkotda area, there are several liquor dens, under the blessings of Police Inspector Shri V.D. Vala and one Ramsinh and Vijay
Non-cognizable offences under the IPC require a complaint from an aggrieved person for cognizance, prohibiting police from registering FIRs in such cases.
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
The police are mandated to register an FIR when information discloses a cognizable offense, without questioning the reliability of the information at that stage.
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....
The court emphasized that an FIR lodged with an oblique motive and in a malicious manner, as an act of vengeance, is liable to be quashed.
The court emphasized the importance of following the legal provisions for FIR registration and investigation, and highlighted the need to prevent abuse of the process of court and secure the ends of ....
The investigation of non-cognizable offences without the order of a Magistrate is illegal and cannot be cured. The impugned FIR must disclose a cognizable offence to justify an investigation by the p....
The court established that the police cannot investigate a non-cognizable case or register an FIR based on the same facts without a Magistrate's permission, as mandated by Section 155(2) of the Cr.P.....
The court established that for offences under Section 188 IPC, a written complaint from the concerned public servant is mandatory, and without it, the FIRs cannot be maintained. Furthermore, the cour....
The bar prescribed by section 198 Criminal Procedure Code comes into play at the time of taking cognizance of the offence and not before that.
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