Prosecution for offences under Section 186 I.P.C. requires a prior written complaint by a public servant, which, if absent, nullifies subsequent legal proceedings.

ORDER:

K. SUJANA, J.

This Criminal Petition is filed seeking the Court to quash the proceedings against the petitioners/accused Nos.1 to 11 in C.C.No.366 of 2021 on the file of the learned II Additional Judicial Magistrate of First Class, Huzurabad, registered for the offences punishable under Sections 186 , 290 and 506 read with 34 of the INDIAN PENAL CODE , 1860.

2. The brief facts of the case are that the defacto complainant lodged a complaint against the petitioners stating that the accused persons came to the Police Station and questioned her about registering a case. They allegedly abused her and ignored her response when she explained that the Officer was on another duty. When she asked petitioner No.3 why she was recording a video on her cell phone, all the accused persons allegedly interrupted her while she was discharging her duties. Basing on the said complaint, the Police registered a case in Crime No.35 of 2021 for the offences punishable under Sections 186 , 290 and 506 read with 34 of IPC and after completion of investigation, they filed charge sheet vide C.C.no.366 of 2021 before the learned II Additional Judicial Magistrate of First Class, Huzurabad.

3. Heard Sri Ambala Raju, learned counsel appearing on behalf of the petitioners as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondents.

4. Learned counsel for the petitioners submitted that the allegations leveled against the petitioners are vague and baseless and that the ingredients in the charge sheet do not constitute any offence. He further submitted that since there is a bar under Section 195 (1) (a) of Cr.P.C, that when the complaint is not made by the public servant/authorized officer in written, the same cannot be treated as the offence punishable under Section 186 of the I.P.C. Learned counsel further submitted that the prime offence was under Section 186 of IPC and Section 195 of Cr.P.C bars taking cognizance of such offences, except upon the complaint as required under Section 200 of Cr.P.C., therefore, the whole proceedings are without jurisdiction. Hence, he prayed the Court to quash the proceedings against the petitioners.

5. On the other hand, learned Additional Public Prosecutor submitted that the petitioners have also been charged for the offences other than Section 186 of IPC. Hence, the learned Magistrate has rightly taken cognizance of the aforesaid offences, on the basis of the final report submitted by the Police. As such, the proceedings cannot be vitiated. Under such circumstances, the cognizance taken by the learned Magistrate, cannot be said to be one without authority of law. Therefore, he prayed the Court to dismiss the criminal petition.

6. In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the petitioners were charged for the offences punishable under Section 186 , 341 and 506 of IPC. It is specifically contended by the learned counsel for the petitioners that as there is a bar under Section 195 (1) (a) of Cr.P.C., whereunder, a written complaint has to be filed by the public servant/authorized officer, the Police has to follow the same, but the same is not followed in the present case. Further, at this stage, it is imperative to note the relevant Sections, which are as follows:

7. Section 188 of the I.P.C reads as follows:

Section 188 : Disobedience to order duly promulgated by public servant.

Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such or