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.

JUDGMENT :

Saurabh Lavania, J.

1. Heard Shri Vineet Kumar Mishra, learned counsel for the applicant and learned AGA for the State and perused the record.

2. Present application has been filed for the following main relief(s):-

"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Charge-Sheet No.303/2022 dated 19.05.2022, against the petitioner arising out of case crime no.182 of 2022, under Section 147, 353, 341, 188 I.P.C. & 7 CLA Act, relating to Police Station–Kotwali Shahar, District Hardoi & Consequential order i.e. Summoning order dated 02.06.2023 against the petitioner pending in the court of learned Chief Judicial Magistrate, Hardoi, District – Hardoi, against the petitioner (contained as Annexure no.1 & 2 to this petition), in the interest of law and justice.”

3. It is stated that the proceedings under Section 147, 188, 341, 353 I.P.C., pending before the trial Court based upon the FIR is unsustainable in the eyes of law particularly in view of provisions as envisaged under Section 195 IPC.

4. It is further submitted that Division Bench of this Court in Criminal Misc. Writ Petition No. 17560 of 2023 (Sumit And Another vs. State of U.P.And 2 Others)held that proceedings under Section 188 IPC can be initiated only on the basis of written complaint of the Court and not on the basis of Police report. Reference can be made to Para 8 to 23 of the judgment, which are extracted hereinunder:-

"8. Before dealing with the contention of learned counsel for the petitioners that the F.I.R. u/s 174-A I.P.C. is barred by Section 195 Cr.P.C., it will be appropriate to discuss the legal provision, involved in the present case. Section 195 Cr.P.C. which prohibits the Court from taking cognizance of any offence punishable u/s 172 to 188 I.P.C., is being quoted below:-

"195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

(1) 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 ), or

(ii) of any abetment of, or attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub- clause (i) or sub- clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.

(2) Where a complaint has been made by a public servant under clause (a) of sub- section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded

(3) In clause (b) of sub- section (1), the term "Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section.

(4) For the purposes of clause (b) of sub-section (1), a Court sha