Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Tri) 254

HIGH COURT OF TRIPURA
S. Datta Purkayastha, J
SHRI BRATYABRATA BASU – Appellant
Versus
THE STATE OF TRIPURA AND ANR – Respondent
Crl.Petn. 40 / 2024

Advocates:
For the Appellants/Petitioners: Sankar Lodh, Agnish Basu
For the Respondents: Raju Datta

For offences under Sections 172 to 188 of the Indian Penal Code, the court is barred from taking cognizance unless a written complaint is filed by the public servant concerned or their administrative superior. A police report filed by an officer who is not the victim or their superior does not satisfy this requirement.

Headnote:(A) Code of Criminal Procedure, 1973 - Sections 195(1)(a)(i), 2(d), 173(2) - Indian Penal Code, 1860 - Sections 186, 34 - Obstruction of public servant - Cognizance of non-cognizable offence - Requirement of complaint by public servant concerned - Police report as complaint - Maintainability of second petition under Section 482 CrPC.

(B) Principles of Cognizance: The court is barred from taking cognizance of offences under Sections 172 to 188 of the Indian Penal Code unless a written complaint is filed by the public servant concerned or their administrative superior. This provision is a mandatory exception to the general rule of taking cognizance. (Paras 28, 36)

(C) Police Report as Complaint: While a police report for a non-cognizable offence is deemed a complaint under Section 2(d) of the Code of Criminal Procedure, the officer filing such report must be the victim or their superior to satisfy the requirements of Section 195. (Paras 37, 40)

(D) Successive Petitions: A second petition under Section 482 of the Code of Criminal Procedure is maintainable if the facts and circumstances justify it, particularly when the previous petition was filed by a different party or involved different legal challenges. (Para 26)

Facts of the case:
A criminal petition was filed challenging the order of cognizance and issuance of summons for an alleged offence of obstructing public servants in the discharge of their duties. The petitioner contended that the prosecution was barred under Section 195 of the Code of Criminal Procedure as the charge-sheet was filed by an officer who was neither the victim nor the superior of the victim. The state argued that the petition was not maintainable due to a previous challenge by a co-accused.

Findings of Court:
The court held that the bar under Section 195 of the Code of Criminal Procedure is mandatory. Since the charge-sheet was submitted by an officer who was not the victim of the alleged obstruction, the court lacked the competence to take cognizance.

Issues: Whether the criminal petition is maintainable despite a previous challenge by a co-accused, and whether the cognizance taken by the trial court is barred under Section 195 of the Code of Criminal Procedure.

Ratio Decidendi: The court ruled that for offences under Sections 172-188 of the Indian Penal Code, the mandatory requirement of a complaint by the public servant concerned cannot be bypassed by a police report filed by an officer who is not the victim or their superior.

Result: Petition allowed; orders of cognizance and summons quashed.

HIGH COURT OF TRIPURA A G A R T A L A Crl. Petn. No.40 of 2024 Shri Bratyabrata Basu, son of late Bishnu Basu, residing at P-65 Kalindi Housing, P.S. Kalinidi Out Post, West Bengal, PIN-700089 ……… Petitioner(s)

– V e r s u s –

1. The State of Tripura

2. Inspector, Manoranjan Debnath, Officer-in-Charge of Khowai Police Station, P.O., Sub-Division and District- Khowai, Tripura ……..Respondent(s)

For the Petitioner (s) : Mr. Sankar Lodh, Adv.

Mr. Agnish Basu, Adv.

For the Respondent(s) : Mr. Raju Datta, P.P Date of hearing : 20.02.2026 Date of hearing and delivery of judgment and order : 13.04.2026 Whether fit for reporting : Yes No ✔

S. DATTA PURKAYASTHA HON’BLE MR. JUSTICE JUDGMENT & ORDER On 08.08.2021, the police authority of Khowai Police Station (P.S.)

entered the facts into the GDE book vide GDE No.002 of 2021 dated 08.08.2021 that on 07.08.2021 at around 2030 hours, when a group of leaders and supporters of All India Trinamool Congress [for short, TMC], a political party, reached at Dhalabil Chowmuhani, some unknown miscreants pelted stones on their two vehicles, causing injuries to one TSR personnel and immediately, said TMC group were taken to Baijalbari outpost for their safety.

[2] Thereafter, against GDE No.004 dated 08.08.2021, fourteen TMC leaders and supporters including two drivers were taken to the safe place of Dhalabil police line. Amongst them, there were three women political leaders. The police tried to accommodate them in a public hotel but they denied it and desired to remain at the Dhalabil police line.

[3] The GDE No.12 dated 08.08.2021 of Khowai P.S. shows that later on the Inspector, Gobinda Das of Teliamura PS along with other officers of Khowai P.S. and SDPO, Khowai returned to the police station with some arrested accused persons, namely Debangshu Bhattacharjee and 13 others from Dhalabil police line who were arrested in connection with Teliamura P.S. case No.99 of 2021 registered under Section 188 of IPC and Section 3 of Epidemic Diseases Act, 1897.

[4] It is also seen from the GDE Nos.16,19 and 20 dated 08.08.2021 that the Education Minister of West Bengal and other party members visited Khowai P.S. at that time. Thereafter, Sri Abhishek Banerjee, MP also entered in the chamber of O/C, Khowai P.S. for discussion with the O/C and SDPO, Khowai about the arrest of said TMC leaders and the O/C requested the TMC Minister and leaders to leave and P.S. to allow them to forward the accused persons to the Court but they did not allow to do so and allegedly, misbehaved with Additional S.P and SDPO, Khowai and started shouting in the chamber of O/C of Khowai P.S. It is also noted in the GDE No.20 that they created obstructions to the said police officials in the discharge of their government duty.

[5] In that backdrop, the Inspector, Manoranjan Debbarma, the then O/C of Khowai P.S. lodged the complaint in the court of the learned Chief Judicial Magistrate, Khowai for registering a case against the present petitioner and 5 others with the allegations that those persons had demanded the police authority for release of the arrested persons from the police station and to change the provisions of law put in the FIR against them. On refusal, they misbehaved with the Addl. S.P, SDPO, Khowai and started shouting in the chamber of the O/C that all police personnel were the brokers of BJP political party. Thereafter, the O/C and other officers requested them to leave the police station and to allow them to forward the arrested persons before the court but they did not. From 1300 hours to 1400 hours, they created such problem in the chamber of the O/C and in front of the police station and there was a huge gathering of TMC supporters and media persons there. It was further alleged that for more than one hours they created obstruction in the police duty and due to their such obstruction, the police could not produce the arrested persons before the court in time and ultimately, at around 1440 hours, said 14 arrested persons of the a

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2026 Supreme(Online)(Tri) 254

HIGH COURT OF TRIPURAS. Datta Purkayastha, JSHRI BRATYABRATA BASU – AppellantVersusTHE STATE OF TRIPURA AND ANR – RespondentCrl.Petn. 40 / 2024

Cases Referred (8)

HIGH COURT OF TRIPURA
S. Datta Purkayastha, J
SHRI BRATYABRATA BASU – Appellant
Versus
THE STATE OF TRIPURA AND ANR – Respondent
Crl.Petn. 40 / 2024