Case Note & Summary
The applicant, Pankaj s/o Dhyaneshwar Nighot, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.4190/2016 dated 09/11/2016 registered at Sadar Police Station, Nagpur, and the consequent charge-sheet No.79/2017 filed before the Judicial Magistrate First Class, Court No.6, Nagpur on 16/08/2017, for offences punishable under Section 188 of the Indian Penal Code and Section 135 of the Maharashtra Police Act. The background of the case is that on 08.11.2016, one Vikas Thakare, purporting to represent the Nagpur City (District) Congress Committee, applied to the Senior Police Inspector, Sadar Police Station, Nagpur, for permission to hold demonstrations on 09.11.2016 at Civil Lines, Nagpur. The police responded on the same day, but the applicant was subsequently booked for participating in the demonstration without permission. The legal issue before the High Court was whether the FIR and charge-sheet could be sustained in the absence of a complaint in writing by the public servant concerned, as mandated by Section 195 of the Code of Criminal Procedure, 1973. The applicant argued that the prosecution under Section 188 IPC could not be initiated without such a complaint, and the State opposed the application. The Court analyzed the provisions of Section 195 CrPC, which bars cognizance of an offence under Section 188 IPC except on a complaint in writing by the public servant concerned. The Court found that no such complaint was filed, and therefore the proceedings were liable to be quashed. The Court allowed the application, quashed the FIR and charge-sheet, and disposed of the application accordingly.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 195 CrPC - Section 188 IPC - Section 135 Maharashtra Police Act - The applicant sought quashing of FIR No.4190/2016 and charge-sheet for offences under Section 188 IPC and Section 135 Maharashtra Police Act on the ground that no complaint in writing by the public servant concerned was filed as required under Section 195 CrPC. The Court held that the bar under Section 195 CrPC is attracted and the proceedings are liable to be quashed. (Paras 7-9) B) Criminal Procedure Code - Sanction for Prosecution - Section 195 CrPC - Section 188 IPC - The Court noted that the applicant was prosecuted for disobeying an order promulgated by a public servant, and the prosecution could not have been initiated without a complaint in writing by the public servant concerned. Since no such complaint was filed, the FIR and charge-sheet were quashed. (Paras 7-9)
Issue of Consideration
Whether the FIR and charge-sheet for offences under Section 188 IPC and Section 135 of the Maharashtra Police Act can be sustained in the absence of a complaint in writing by the public servant concerned as mandated by Section 195 of the Code of Criminal Procedure, 1973.
Final Decision
The Court allowed the application and quashed FIR No.4190/2016 dated 09/11/2016 and charge-sheet No.79/2017 dated 16/08/2017 for offences under Section 188 IPC and Section 135 Maharashtra Police Act.
Law Points
- Section 195 CrPC
- Section 188 IPC
- Section 135 Maharashtra Police Act
- quashing of FIR
- lack of sanction
- protest demonstration
- prior permission
