The bar provided under Section 195 read with Section 190 Cr.P.C. is a condition requisite for initiation of proceedings and cognizance of offence punishable under Sections 172 to 188 IPC cannot be taken except on the complaint in writing by the person as prescribed under Section 195 Cr.P.C.

PANKAJ JAIN, J.

Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.32 dated 11th of June, 2014 registered for the offences punishable under Sections 353, 186, 506, 341, 323, 34 IPC, at Police Station GRPS, Patiala and all proceedings subsequent thereto.

2. The FIR impugned in the present petition reads as under :-

“To, The SHO, Govt. Railway Police, Nabha. Subject: Regarding beatings at the time of official duty. Respected Sir, it is hereby submitted that today on dated 11.6.2014, I was loading the paddy in the boggy of Train No. 486 at Railway Station Nabha (Rail Hall, Nabha) as I was working as a Assistant Grade-1 (Depot) in the department of FCI, Nabha. As per the Rail Head, the Gag No. 15 was also loading. In which there were near about 10 persons, who were trying to steel, then I tried to stop them, then in sudden anger, they encircled me and started beating me. Out of which three persons are namely Kartar Singh, Dass Singh himself and his son and seven persons whose name I do not known, but I will recognize them, if they come in front of me. The time was near about 4.15 PM, I raised the shouting of Marta-Marta and after hearing my shouting. Hans Raj, Assistant Grade-1 (Depot) came at the spot and he rescued me from them by raising the shouting, as Sh. Hans Raj was also on special duty of loading at Station. If Sh. Hans Raj would not come, then the above said persons would give more injuries to me. Regarding that, I have given the written complaint to the officer of my department. The above said persons have also gave me life threat. The copy of the complaint alongwith the copies of the MLR No. D.K./14/14 dated 11.6.2014 of Civil Hospital, Nabha has been presented to you. The legal action be taken against the above said persons. Yours, Tarsem Singh, Assistant Grade-1, Depot, son of Sh. Avtar Singh, FCI/FSD, Nabha (District Patiala). Dated 11.6.2014 at about 8.00 PM, Mobile No. 94176-35533. Police Inquiry: I, ASI alongwith PPHL Dharam Singh 101 GRP and PHG Ajaib Singh and other officials and PHG Gurmeet Singh 18063 were present at Musa Majri for checking, then Sh. Tarsem Singh S/o Avtar Singh, FCI/FSD, Assistant Grade-1, Nabha, District Patiala has submitted one complaint alongwith MLR No. D.K./14/14 dated 11.6.2014 of Civil Hospital, Nabha The complaint alongwith MLR for registering the case U/s 353/341/323/506/148/149/186 IPC against Kartar Singh, Dass Singh and his son and other seven unknown persons was sent to police station GRPF, Patiala after putting endorsement by handing over to PHG Ajaib Singh 17980. I, ASI alongwith police officials and complainant were proceeded towards the spot. The FIR be registered and the number be informed. Sd/- Dilbagh Singh ASI, PS GRP Nabha dated 11.6.2014. Police Investigation:- As per Rapat Rojnamcha No. 18, Police Station Railway Police, a written complaint in Punjabi from Tarsem Singh S/o Avtar Singh, Assistant Grade-1, Depot, FCI/FSD, Nabha (District Patiala) and endorsement from ASI Dilbagh Singh 1069 GRP, Nabha for registering case against Kartar Singh, Dass Singh and his son and seven unknown persons was received by hand through Ajaib Singh 17980. From the above statement and endorsement, the case U/s 323, 353, 341, 506, 148, 149 IPC was registered and the copy of FIR through PHG Ajaib Singh 17980 was sent to ASI Dilbagh Singh, Nabha.”

3. The solitary argument raised by counsel for the petitioners is that the petitioners have been booked for offence punishable under Section 186 IPC and the Trial Court framed charges vide order dated 27th of April, 2015 against the petitioners for offences punishable under Sections 341, 353, 186, 332, 506, 34 IPC. However, keeping in view the provisions as contained in Section 195(1) Cr.P.C. no Court can take cognizance of offence punishable under Sections 172 to 188 IPC except on the complaint in writing of the public servant concerned or of some other public servant to whom he is not administratively subordinate. T