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HARKESH MANUJA
Parminder Singh @ Tinku – Appellant
Versus
State of Punjab – Respondent
HARKESH MANUJA, J.
1. By way of present petition under Section 482 of Code of Criminal Procedure, 1908, petitioner has prayed for quashing of FIR No.0068 dated 16.06.2020 under Section 188, 269, 270. of IPC, 1860 registered at Police Station Begowal, District Kapurthala and all the consequential proceedings arising therefrom including order dated 11.07.2022 vide which the proceedings under Section 82 Cr.P.C. for declaring the petitioner as Proclaimed person have been initiated.
2. Brief facts of the case as mentioned in the FIR are that when police officials were on a patrolling duty on 16.06.2020 they saw two young men coming without wearing the mask on a motorcycle bearing registration Number PB-57-C-0449. When police officials stopped and asked their names and addresses, they told their names as Gurpreet Singh alias Preet (Driver) and Parminder Singh alias Tinku (present petitioner) as pillion rider. As both young men have allegedly violated the instructions related to Covid-19 pandemic, an FIR was registered against them under Sections 188, 269, 270 IPC 1860.
3. Explaining the brief background of the case, learned counsel for the petitioner submits that petitioner and his co-accus
The central legal point established in the judgment is the mandatory compliance with legal provisions, the requirement for evidence to support charges, and the need for proper service through the Emb....
The court's decision highlighted the importance of considering the circumstances and intent behind alleged violations, the necessity of a valid complaint under Section 195 Cr.P.C., and the impact of ....
The main legal point established is that charges under Sections 188, 269, and 270 IPC cannot be initiated without a written complaint as per Section 195 of CrPC, and the court has the inherent jurisd....
The absence of a written complaint from a public servant invalidates the cognizance of offences under Section 188 IPC, and police investigations into non-cognizable offences require prior magistrate ....
The court emphasized the need for a simpler procedure in dealing with petty offences and criticized the delay in disposing of cases related to violation of orders under the Disaster Management Act, 2....
Cognizance of an offence under Section 188 IPC requires a written complaint by a public servant; FIRs based solely on police reports are prohibited and rendered void.
The mandatory nature of Section 195 Cr.P.C. and the requirement of a complaint in writing by the public servant concerned for initiating proceedings under Section 188 of the Indian Penal Code.
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