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GUJARAT HIGH COURT
Not mentioned, J
Rajasinh Dilipsinh Rathod and Others v. State of Gujarat and Others
| Table of Content |
|---|
| 1. necessity of written complaint for offences cognizable under certain ipc sections. (Para 1 , 3 , 5 , 6 , 10) |
| 2. applications involve identical legal questions. (Para 2 , 4) |
| 3. mandatory provisions under section 195 of cr.p.c. for public servant complaints. (Para 7 , 9) |
| 4. cognizance requires compliance with established legal standards. (Para 8) |
| 5. outcome of the petition leads to quashing of firs. (Para 11) |
1. All these applications involve identical questions on law and hence, they are decided by this common judgment.
2. RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent State.
3. The short question that has come up for consideration of this Court in this group of petitions is whether a written complaint by the public servant concerned is necessary for a Court to take cognizance of any offence punishable under S.172 to 188 (both inclusive) of the Indian Penal Code .
4. For the purpose of the present applications, the relevant particulars are shown hereunder in a tabular form:
(Editors Note: Tabular Matter Omitted)
5. The facts, in a nutshell, in each of the cases are as under;
CRIMINAL MISC. APPLICATION No. 5434 OF 2017 :
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