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2019 Supreme(Raj) 106
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 P.P.
The central legal point established is that the non-cognizable nature of the offence under Section 171-H IPC and the bar under Section 195 Cr.P.C. for the offence under Section 188 IPC influenced the court's decision to quash the FIR.
Headnote:
Section 482 Cr.P.C. - Quashing of FIR - Summary: The court quashed the FIR registered for offences under Sections 171-H and 188 IPC as the offence under Section 171-H IPC is non-cognizable and only complaint can be filed in writing, and the offence under Section 188 IPC is subject to bar under Section 195 Cr.P.C., allowing only complaint in writing by the public servant.
Fact of the Case:
The petitioners had taken out a bike rally without permission from the returning officer/concerned authority, breaching the election code of conduct.
Finding of the Court:
The court found merit in the argument that the offence under Section 171-H IPC is non-cognizable and only complaint can be filed in writing, and that the offence under Section 188 IPC is subject to bar under Section 195 Cr.P.C., allowing only complaint in writing by the public servant.
Issues: Quashing of FIR for offences under Sections 171-H and 188 IPC.
Ratio Decidendi: The court's decision was influenced by the non-cognizable nature of the offence under Section 171-H IPC and the bar under Section 195 Cr.P.C. for the offence under Section 188 IPC, allowing only complaint in writing by the public servant.
Final Decision: The impugned FIR was quashed, with liberty granted to the returning officer or concerned public servant to file a complaint in writing, if so advised.
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.
