The main legal point established in the judgment is that the requirements for initiating criminal proceedings under specific sections of the IPC, as well as the prevention of abuse of process of the court and unnecessary harassment, are crucial considerations in reaching a decision.

ORDER :

By way of instant petition filed under Section 482 Cr.PC, prayer has been made by the petitioner for quashing of Kalandara filed under Sections 186 and 189 against him in the court of learned JMFC, Bilaspur, District Bilaspur, HP.

2. Precisely, the facts of the case as emerge from the record are that on 8.4.2020 i.e. at 11:15am, Inspector Karan Singh alongwith other police officials reached Mandi Manwan on patrolling duty. While aforesaid officer was ascertaining the location of the Masjid, where some meeting had to take place inter-se Hindus and Muslims for keeping peace in the area, present petitioner allegedly asked the aforesaid police official that why he has come here. Police official told the petitioner that he has come to see whether there is any corona case, but allegedly, petitioner got excited and started misbehaving with the police officials. Petitioner along with his mother came on the spot and started threatening the police officials that he would get them transferred. In the aforesaid background, Kalandara under Sections 186 and 189 IPC came to be filed against the petitioner in the court of learned court below and as such, petitioner has approached this Court in the instant proceedings.

3. Primarily, ground as has been raised in the instant petition and as has been highlighted by the petitioner, who has come present in person, is that case under Sections 186 and 189 IPC could not be instituted against him without there being any written complaint. To strengthen the aforesaid submission, petitioner invited attention of this court to the Section 195 Cr.PC, perusal whereof reveals that no case under Sections 172 to 188 IPC can be registered without there being any written complaint to the higher authority. Section 195 Cr.PC reads as under:

“195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. (1) No Court shall take cognizance-

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or

(ii) of any abetment of, or attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub- clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate. (2) Where a complaint has been made by a public servant under clause (a) of sub- section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.

(3) In clause (b) of sub- section (1), the term" Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section.

(4) For the purposes of clause (b) of sub- section (1), a Court shall be deemed to be subordinate to the Cour