Back
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
