ORDER

1. The present petition has been filed under section 482 of CrPC for quashing the FIR registered at crime number 478/ 19 under section 188 of the IPC at Police Station Dabra.

2. It is submitted by counsel for the petitioner that the case is related to partnership firm and the present petitioner Vishwa Pratap Singh Bhadhoriay is one of the partners and contract work regarding construction of road was allotted to be completed by 21st April 2017 total length being 2.90 kms. The petitioner has completed more than 90% of the work as mentioned in the tender and the remaining work measuring 0.20 kms could not be carried out as there was interim order dated 23rd March 2016 passed by the Hon'ble High Court in W.P. No. 5989/2018, therefore, the petitioner was not in a position to complete the remaining work. The request was made by the petitioner to the concerning Chief Engineer PWD, North Gwalior on 4th, June 2019 and the reminder was also sent on 19. 7. 2019, but no heed was paid on the representation as well as on reminder sent by the petitioner and all of a sudden on 25th June 2019 notice under section 133(1) CrPC has been issued. The petitioner's detailed reply to the show cause notice was submitted by him before respondent No. 2 along with all the documents and has also tried to demonstrate that local inhabitants has created obstruction in the work and also beaten staff of the company therefore, FIR was registered at crime No. 379/18, therefore, remaining work 0.20 kms could not be completed. It is argued that the respondent authorities without taking into consideration the reply filed by the petitioner has issued an order for registration of FIR for offence punishable under section 188 of the IPC against the petitioner. Inspection Report dated 8th, August 2019 by the SDO PWD was also furnished before respondent No. 2 pointing out the fact that the entire work was done by the petitioner company except the work which is subjudice and pending consideration before the Hon'ble High Court in W.P. No 5989/18 but the respondent authorities have not taken into consideration the Inspection Report also and has directed for registration of FIR. It is submitted that it is a settled law that even the quasi judicial authorities are required to mention the reasons for passing such order. It is submitted that without considering the reply filed by the petitioner and without passing a reasoned order the proceedings are not maintainable. It is further submitted that in terms of section 195 of CrPC the police authorities have no right or power to register FIR under section 188 of the IPC directly. It is clear from the provision of section 195 of CrPC as well as the judgement of Hon'ble Supreme Court in the case of Munniappan v. D.K. Rajendran, reported in AIR 2010 SC 3718 that no Court can take cognizance of offence punishable under section 188 of the IPC except the complaint in writing to the Magistrate by the concerning public servant. Law does not permit taking of cognizance under section 188 of the IPC directly by the police authorities. In the present case no written complaint has been submitted before the Magistrate. Thus in the light of the judgement passed in the case of Munniappan (supra) impugned order as well as registration of FIR against the petitioner is not maintainable. It is further argued that the reasons are the heartbeat of the order and even the quasi judicial authorities are required to pass a well reasoned order. In the present case the order dated 8th, August 2019 passed by the respondent authorities does not show any reason for lodging of FIR under section 188 of the IPC against the petitioner. Thus he has prayed for quashment of FIR dated 14th August 2019 registered at crime number 478/2019 against the petitioner. He has further relied upon the order passed by the Co-ordinate Bench of this court in Mcrc. No. 12207 /2012 order dated 11.2.2013 and has prayed for quashment of the FIR. It is argued that the law is well set