Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Basso Devi – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. accused obstructed public servant executing attachment warrant. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. lower courts convicted accused under sections 186, 189 ipc. (Para 7 , 9) |
| 3. debate on cognizance validity for sections 186, 189 ipc. (Para 10 , 11 , 12) |
| 4. revisional jurisdiction limited to jurisdictional errors or perversity. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 5. section 195 crpc bars cognizance of s.186; no splitting with s.189. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. revision allowed; conviction set aside for procedural defect. (Para 26 , 27 , 28 , 29) |
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 28.02.2015, passed by learned Additional Sessions Judge-III, Kangra at Dharamshala, Circuit Court at Baijnath, District Kangra, H.P. (learned Appellate Court) whereby the judgment of conviction dated 26.08.2008 and order of sentence dated 27.08.2008, passed by learned Judicial Magistrate First Class, Baijnath, District Kangra, H.P. (learned Trial Court) were upheld (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise
Cognizance of Section 186 IPC requires public servant's written complaint per CrPC Section 195; impermissible to split same-transaction Section 189 prosecution, vitiating entire trial on police repor....
(1) Voluntarily obstructing public servant from discharge of his public functions – Section 195(1)(a)(i) of Cr.P.C. bars court from taking cognizance of any offence punishable under Sections 172 to 1....
Cognizance of offences under Sections 172 to 188 IPC requires a written complaint from the concerned public servant, as per Section 195 Cr.P.C., rendering proceedings without such complaint void.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
