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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Roopam Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. Present petition has been filed under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of FIR No. 121 dated 01.07.2023 registered under Section 174-A of Indian Penal Code at Police Station Navi Baradari, District Jalandhar along with all consequential proceedings arising therefrom.
2. Following order was passed on 11.02.2025:
'Counsel for the petitioner inter alia submits that FIR No.121 dated 01.07.2023, under Section 174-A IPC, Police Station Baradari, District Jalandhar Annexure P-3 deserves to be quashed along with all the subsequent proceedings arising therefrom. That as per the judgment dated 22.01.2024 passed by co-ordinate Bench of this Court in CRM-M3392-2024 titled Roopam Sharma Vs. State of Punjab, the said FIR is hit by proviso to Section 195 Cr.P.C, as no Court can take cognizance of any offence punishable under Section 172 to 188 of IPC except on the complaint in writing of the public servant concerned. It is further submitted that otherwise also the order Annexure P-2 whereby the petitioner was declared as proclaimed person with direction to the concerned SHO to registered FIR under Section 174-A of IPC a
Sections regarding prosecution initiation necessitate compliance with procedural norms; failure to do so invalidates subsequent legal actions under Section 195 of Cr.P.C.
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.
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