The central legal point established in the judgment is the mandatory nature of Section 195, Cr.P.C., and its implications on the validity of prosecution, trial, and conviction.

GURMIT RAM, J.

1. This revision is preferred by the abovesaid petitioner against the judgment dated 09.05.2014 passed by the Court of learned Sessions Judge, Panipat, vide which appeal of appellant-Sher Singh (petitioner-herein) filed against the judgment and order of sentence dated 06.09.2013 passed by the Court of Judicial Magistrate Ist Class, Panipat, in criminal case bearing FIR No.146 dated 15.03.2010, Police Station, Chandni Bagh, Panipat under Section 174-A of the Indian Penal Code (“IPC”- for short) was dismissed.

2. Case of the prosecution in nut-shell as projected before the learned trial Court was that on 15.03.2010, S.I. Partap Singh along with A.S.I. Ratti Ram and other police officials was present in the area of G.T. Road, Chautala Road turning Shiwah, in connection with patrolling and investigation of crime. There he received a secret information that the young man who is standing on the passage adjoining to stadium which leads to village Dahar is Sher Singh @ Sheru resident of village Shiwah who had been declared a proclaimed offender in criminal case bearing FIR No.270 of 2008 under Section 307 etc., IPC, Police Station, Chandni Bagh. On the basis of this information, the abovesaid accused-Sher Singh was apprehended. The instant case was registered against him. Statement of witnesses were recorded. On the completion of investigation, challan was presented before the Court of learned Illaqa Magisrate.

3. Charge was framed. Trial was conducted. On the completion of trial, accused-Sher Singh (petitioner-herein) was held guilty for the offence punishable under Section 174-A, IPC and sentenced thereunder by the learned trial Court vide judgment and order of sentence dated 06.09.2013. Then he preferred an appeal against this judgment and order of sentence passed by the learned trial Court which was dismissed by the Court of learned Sessions Judge, Panipat vide impugned judgment dated 09.05.2014, which necessitated to file the instant revision petition.

4. Notice of revision petition was given to the respondent-State. Record of both the Courts below was also requisitioned. Learned counsel for both the parties were heard. Record was also perused with their assistance.

5. The learned counsel for the petitioner has contended that there is an inherent legal defect in the case of prosecution of which both the learned Courts below have failed to take notice and hence the impugned judgments as well as the order under challenge in this revision petition are not tenable. Herein he has contended that offence in question under Section 174-A, IPC, is embodied in Chapter X of the Indian Penal Code. Then he also contended that as per provisions of Section 195, Cr.P.C., no Court can take cognizance of the offences falling under Sections 172 to 178 (Chapter X of IPC) except on the complaint in writing of the Court concerned or by such Officer authorized to do so on its behalf.

6. The relevant part of provision of Section 195, Cr.P.C., is detailed as under:-

“(I) 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),

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[except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate].

Admittedly in the case in hand, no complaint in writing has been made by the Court or by any of its Officers authorized to do so of whose order has allegedly been disobeyed by the accused (petitioner-herein). As per the case of prosecution, the case in hand was registered against accused (petitioner-herein) on the basis of some secret information.

7. Some of the case laws pertaining to above point in issue are as under:-

i. Daulat Ram vs. State of Punjab, AIR 1962 Supreme Court 1206 (Full Bench).

In this case the accused was tried for the offence under Section 182, IPC. Report was made to Tehsildar with a view to take action against