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SAURABH LAVANIA
Arun Kumar Mourya – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Deptt. Lko. – Respondent
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):-
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. Sta
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.
(1) Voluntarily obstructing public servant from discharge of his public functions – Section 195(1)(a)(i) of Cr.P.C. bars court from taking cognizance of any offence punishable under Sections 172 to 1....
The judgment emphasizes the mandatory nature of legal provisions such as Section 195(1) Cr.P.C., Section 2(d) Cr.P.C., and Section 155(2) Cr.P.C. in determining jurisdiction and procedural compliance....
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....
Disobedience to order duly promulgated by public servant – Magistrate cannot take cognizance of offence punishable under Section 188 IPC upon police report, though offence under Section 188 IPC is co....
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