The court affirmed that no cognizance can be taken under IPC Section 188 without the mandatory written complaint from a public servant as required by CrPC Section 195.

ORAL ORDER

In this petition, the petitioners seek the following reliefs:

"1. Call for relevant records.

2. Set aside the order taking cognizance dated 01.08.2019 in C.C.No.727/2019 and C.C.No.3492/2022) passed by the Addl. Civil Judge and JMFC, Kunigal and all the subsequent criminal proceedings arising therewith at Annexure-E qua the petitioners;

3. Grant any other order of direction as this Hon'ble court may deem fit in the light of the facts and circumstances of the case, in the interest of justice and equity."

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 and perused the material on record.

3. Learned counsel for the petitioner would invite my attention to the material on record in order to point out that the impugned proceedings against the petitioner for the offence punishable under Section 188 of the IPC is not maintainable in the absence of the procedure under Section 195 (1)(a) (i) of the Cr.P.C. being followed and consequently, the impugned proceedings deserved to be quashed. In support of his submission, he places reliance upon the judgment of this Court in Crl.P.No.10544/2024 dated 20.01.2025.

4. Per contra, learned High Court Government Pleader for respondent No.1 would submit that there is no merit in the petition and the same is liable to be dismissed.

5. A perusal of the material on record will indicate that pursuant to the complaint given by respondent No.2 dated 10.04.2019, the learned Magistrate referred the matter for investigation under Section 156 (3) of the Cr.P.C. only for the offence punishable under Section 188 of the IPC, which is specifically barred under Section 195 (1)(a) (i) of the Cr.P.C. Despite the same, respondent No.1 filed the impugned FIR, which is contrary to the aforesaid Bar envisaged under Section 195 (1)(a)

(i) of the Cr.P.C. as held by this Court in Crl.P.No.10544/2024 dated 20.01.2025, as under:

In this petition, the petitioner seeks the following reliefs:

"1. To quash the cognizance order dated 22/07/2023 passed in CC no.527/2023 by the learned Civil Judge and JMFC Moodabidri for the offences under section 188 of IPC at Annexure-D, wherein the petitioner is arrayed as Accused No.1 in the interest of justice and equity.

2. To quash the charge sheet dated 30/06/2023 filed by the Respondent no.1 Moodabidri PS pending as CC no.527/2023 arising out of crime no. 64/2023 before the learned Civil Judge and JMFC Moodabidri for the offences under section 188 of IPC at Annexure -C wherein the petitioner is arrayed as Accused No.1 in the interest of justice and equity.

3. To quash the order dated 09/05/2023 at Annexure- D, passed by the by the learned Civil Judge and JMFC Moodabidri on complaint made by the respondent no.2 under section 200 of CrPC for the alleged offense under section 188 of IPC against the petitioner, in the interest of justice and equity.

4. Pass any other order which this Hon'ble court deems fit by considering the facts of this court, in the interest of justice and equity."

2. Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record.

3. Learned counsel for the petitioner would invite my attention to the material on record in order to point out that the impugned proceedings against the petitioner for the offence punishable under Section 188 of the IPC is not maintainable in the absence of the procedure under Section 195 (1)(a) (i) of the Cr.P.C. being followed and consequently, the impugned proceedings deserved to be quashed. In support of his submission, he places reliance upon