JUDGMENT : -

Petitioner has filed this miscellaneous criminal case under section 482 of Cr.P.C. being aggrieved by the FIR No. 395/2020 dated 2-7-2020 registered at Police Station Bhawarkua, Indore under section 188 of IPC along with the subsequent charge sheet dated 31-12-2020 filed against the petitioner.

2. Prosecution case in brief is that the complainant namely one Deepak Kardam has filed a complaint before the police station Bhanwarkua, Indore by submitting that the petitioner is having a Youtube channel namely trolly speak and has uploaded a video on his channel in which he has alleged speaking about the adversarial conditions pertaining to Covid -19 Pandemic in the area of Bhawarkua, Indore and due to which, the petitioner spread fear among general public and hence, violated the order No. 357-58/PA/200 dated 6-4-2022 issued by District Magistrate. On the basis of the said complaint, the police has registered the case under section 188 of IPC and now, charge-sheet has already been filed.

3. The petitioner challenges filing of the charge-sheet on the ground that offence under section 188 of IPC is not cognizable one and only a complaint under section 195 of Cr.P.C. can be filed