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CHHATTISGARH HIGH COURT
, J
Apurva Ghiya v. State of Chhattisgarh and Others
1. Proceedings of this matter have been taken - up for final hearing through video conferencing.
2. The petitioner is a young medical graduate. She after passing her graduate examination (MBBS), decided to prepare for civil services examination and was staying at New Delhi since last few months and meanwhile, in March, 2019, COVID - 19 stepped - in followed by countrywide lock - down and closure of transport facility and she was strained at New Delhi. When the position eased, she applied for issuance of E - pass for travelling from New Delhi to the State of Chhattisgarh to her home town situated at Ambagarh Chowki, District Rajnandgaon and accordingly, she was granted E - pass by the State of Chhattisgarh. She reached Rajnandgaon on 7-6-2020 and next day, she got herself examined at Community Health Centre, Ambagarh Chowki and also informed the Chief Medical and Health Officer, Rajnandgaon on 10-6-2020 about her arrival, but she failed to inform to the Chief Municipal Officer, Nagar Panchayat, Ambagarh Chowki - respondent No.3 herein, about her arrival from New Delhi that she came from other State as required by the order dated 18-5-2020 passed by the Collector - cum - District Magi
Cognizance of an offence under Section 188 IPC requires a written complaint by a public servant; FIRs based solely on police reports are prohibited and rendered void.
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
The absence of a written complaint from a public servant invalidates the cognizance of offences under Section 188 IPC, and police investigations into non-cognizable offences require prior magistrate ....
The main legal point established in the judgment is that for offences punishable under Section 188 of the IPC, the Court can only take cognizance on a written complaint of the Public Servant concerne....
The central legal point established in the judgment is the mandatory compliance with legal provisions, the requirement for evidence to support charges, and the need for proper service through the Emb....
The court emphasized the necessity for adherence to legal procedure in cognizance of non-cognizable offences, reinforcing the right to fair trial and requiring written complaints for filing concernin....
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.
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