A written complaint from a public servant is mandatory for cognizance of offences under specific IPC sections, ensuring lawful authority is upheld.

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 :
The applicants in this case are members of a political party. On 16.02.2017 the applicants conducted a program in the nature of a demonstration against the policies of the Government. It is the say of the applicants that though necessary permission had been granted by the authority concerned apropos the program, the police authority had restrained them from conducting the demonstration. In connection with the ruckus that ensued, the impugned First Information Report being C.R. No. II - 35 of 2017 came to be registered with Pardi Police Station, District: Valsad for offences punishable under S.186, S.188 and S.114 of Indian Penal Code . The applicants in this case are original accused Nos.2 to 4 in the impugned complaint.
CRIMINAL MISC. APPLICATION No. 6359 OF 2017 :
The applicant in this case is original accused No.1 in the First Information Report being C.R. No. II - 35 of 2017 registered with Pardi Police Station, District : Valsad for offences punishable under S.186, S.188 and S.114 of Indian Penal Code and which is subject matter of Criminal Misc. Application No.5434 of 2017.
CRIMINAL MISC. APPLICATION No. 13356 OF 2020 :
It is the say of the applicants that they are living an ascetic life and reside in the premises of temples belonging to the Swaminarayan sect. The applicants are mainly engaged in activity of giving sermons at different places. On 20.08.2020 the impugned complaint being FIR No. 11190004200973 was registered before Gadhada Police Station, Botad for offence punishable under S.188 of IPC inter alia alleging that the applicants had conducted some programs in breach of the Notification issued by the District Magistrate in relation to ban on public gathering on account of the pandemic.
CRIMINAL MISC. APPLICATION No. 8071 OF 2020 :
The applicant in this case is affiliated with a particular political party and is was serving as a Sarpanch at the relevant point of time. On 30.04.2020 the impugned complaint being C.R. I - Part - A No. 11218005200159 was registered with Navi Bandar Marine Police Station, Porbandar for offences punishable under S.188, S.186, S.504, S.506(2) and S.114 of IPC, S.135 of Gujarat Police Act and S.51(a) of the Disaster Management Act inter alia alleging that while the complainant and other police personnel were on patrolling duty, some persons were found to committing breach of the Notification issued by the District Magistrate in relation to the pandemic. It is alleged that the applicant, in connivance with some unknown persons, committed breach of the Notification and also attempted to cause bodily harm to the police party with certain weapons.
CRIMINAL MISC. APPLICATION No. 12176 OF 2020 :
It is the case of the applicants herein that on 20.07.2020 during the noon hours some police constables of Jesar Police Station, w