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A. Y. KOGJE
Nishant Surendra Thadani – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This application is filed under Section 482 of the Code of Criminal Procedure for quashing and setting aside of an FIR being II-C.R. No.172 of 2013 registered with ‘B’Division Police Station, Jamnagar City dated 29.07.2013 for offense punishable under Sections 63 of the Copy Right Act, 1957 and Sections 4(A), 7, 16 and 17 of the Cable Television Networks (Regulation) Act, 1995.
2. Learned advocate for the applicants has raised the contention that the FIR itself could not have been filed by the officer of the level of Police Sub Inspector, Local Crime Branch, Jamnagar, who is the informant of the FIR in view of the provisions of the Cable Television Networks (Regulation) Act, 1995, particularly where under Section 18, cognizance is to be taken on the basis of a written complaint by an Authorized Officer. According to the learned advocate for the applicants, neither there is any written complaint given to the concerned Court nor the informant is an authorized officer as contemplated in the definition under Section 2(a).
2.1 Learned advocate has thereafter, submitted that the FIR is registered with malafide intention only on the basis of some written communi
An FIR filed by an unauthorized officer without a written complaint is invalid under the Cable Television Networks (Regulation) Act, 1995.
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 bar prescribed by section 198 Criminal Procedure Code comes into play at the time of taking cognizance of the offence and not before that.
(1) FIR – Even though FIR need not be an encyclopaedia, it must contain basic facts and allegations constituting commission of cognizable offence(s).(2) Allegation of engaging with external businesse....
An FIR under Section 188 IPC cannot be registered by police without a prior written complaint from the concerned public servant, hence quashing it secures the ends of justice.
The accused has no right to a hearing before the registration of an FIR, and anyone can initiate criminal proceedings unless explicitly barred by law.
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