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2019 Supreme(Raj) 36
IN THE HIGH COURT OF RAJASTHAN, JAIPUR BENCH
Kanwaljit Singh Ahluwalia, J.
Manoj Garg And Others – Appellants
Vs.
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous (Petition) No. 418 of 2019
Decided On : 30-01-2019
For the Appellant : Mr. Dushyant Jain for Mr. Anil Jain
For the Respondent: Ms. Meenakshi Pareek PP
The court emphasized the non-cognizable nature of the offence under Section 171-H IPC and the requirement for a complaint in writing for the offence under Section 188 IPC due to the bar under Section 195 Cr.P.C.
Headnote:
Section 482 Cr.P.C. - Quashing of FIR - Offences under Sections 171-H and 188 IPC
Fact of the Case:
The petitioners took out a bike rally without permission, leading to the registration of FIR for offences under Sections 171-H and 188 IPC.
Finding of the Court:
The court found merit in the argument that the offence under Section 171-H IPC is non-cognizable and that, in view of the bar under Section 195 Cr.P.C., only a complaint in writing can be filed by the public servant for the offence under Section 188 IPC. Consequently, the impugned FIR was quashed, with liberty granted to file a complaint in writing.
Issues: Quashing of FIR for non-cognizable offence under Section 171-H IPC and the requirement of a complaint in writing for the offence under Section 188 IPC due to the bar under Section 195 Cr.P.C.
Ratio Decidendi: The court's decision was influenced by the interpretation of the non-cognizable nature of the offence under Section 171-H IPC and the requirement for a complaint in writing for the offence under Section 188 IPC as per the provisions of Section 195 Cr.P.C.
Final Decision: The impugned FIR was quashed, with liberty granted to file a complaint in writing for the offences.
Kanwaljit Singh Ahluwalia, J.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 365/2018 registered at Police Station Sarmathura, Dholpur for the offences under Sections 171-H and 188 IPC.
2. The case of the prosecution is that the petitioners on 30.10.2018 had taken out a bike rally without taking permission from the returning officer/concerned authority and thus committed breach of election code of conduct.
3. Learned counsel for the petitioners has submitted that the offence under Section 171-H IPC is non-cognizable offence and only complaint can be filed in writing. Learned counsel for the petitioners has submitted that so far offence under Section 188 IPC is concerned, in view of bar under Section 195 Cr.P.C, same cannot be made subject matter of FIR and only complaint in writing is to be filed by the public servant.
4. Learned Public Prosecutor has very fairly submitted that in the present case only FIR has been registered.
5. I find merit in the arguments advanced by the learned counsel for the petitioners.
6. Since offence under Section 171-H IPC is non-cognizable and qua offence under Section 188 IPC in view of bar under Section 195 Cr.P.C. only complaint in writing can be filed by the public servant, the impugned FIR is quashed. However, liberty is granted to the returning officer or concerned public servant to file complaint in writing, if so advised.
