Case Note & Summary
The applicant, Mukteshwar s/o Sidram Deshmane, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.264 of 2016 registered at Ausa Police Station, District Latur, for an offence punishable under Section 188 of the Indian Penal Code. The FIR was lodged on 13th October 2016 by respondent No.2, Vikas s/o Ahilappa Jadhav, alleging disobedience of an order duly promulgated by a public servant. The applicant contended that the FIR was not maintainable because no prior complaint had been made by the public servant concerned, as mandated by Section 195 of the CrPC. The State of Maharashtra and the complainant were respondents. The court examined the provisions of Section 195 CrPC, which bars a court from taking cognizance of an offence under Section 188 IPC except upon a complaint in writing by the public servant concerned. The court noted that the FIR itself did not disclose any such complaint, and the investigation had proceeded without the requisite sanction. The court held that the bar under Section 195 CrPC applies not only to taking cognizance but also to investigation, and therefore the FIR was liable to be quashed. The court allowed the application, quashed the FIR and all consequential proceedings, and made the rule absolute.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 188 IPC read with Section 195 CrPC - Requirement of prior complaint by public servant - FIR registered under Section 188 IPC without a complaint from the public servant is not maintainable - Held that the bar under Section 195 CrPC applies to investigation and cognizance, and the FIR must be quashed (Paras 3-5).
Issue of Consideration
Whether an FIR under Section 188 of the Indian Penal Code can be registered and investigated without a prior written complaint from the public servant concerned, as required under Section 195 of the Code of Criminal Procedure, 1973.
Final Decision
The court allowed the application, quashed FIR No.264 of 2016 and all consequential proceedings, and made the rule absolute.
Law Points
- Section 188 IPC requires prior sanction under Section 195 CrPC
- Section 195 CrPC bars cognizance without complaint by public servant
- Quashing of FIR for non-compliance with mandatory procedural requirement
Case Details
2017 LawText (BOM) (10) 37
Criminal Application No.4033 of 2017
S.S. Shinde, Mangesh S. Patil
Mr. P.P. More for Applicant; Ms. P.V. Diggikar, A.P.P. for Respondent No.1; None present for Respondent No.2
Mukteshwar s/o Sidram Deshmane
The State of Maharashtra, Through Police Station Officer, Ausa Police Station, Tq Ausa, Dist Latur; Vikas s/o Ahilappa Jadhav
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR
Remedy Sought
Quashing of FIR No.264 of 2016 registered at Ausa Police Station for offence under Section 188 IPC
Filing Reason
The FIR was registered without a prior complaint from the public servant concerned, violating Section 195 CrPC
Issues
Whether the FIR under Section 188 IPC is maintainable without a prior complaint from the public servant as required under Section 195 CrPC
Submissions/Arguments
The applicant argued that the FIR under Section 188 IPC cannot be registered without a complaint in writing by the public servant concerned, as per Section 195 CrPC.
The State opposed the application, but the court found the FIR to be without jurisdiction.
Ratio Decidendi
An FIR for an offence under Section 188 IPC cannot be registered or investigated without a prior written complaint from the public servant concerned, as the bar under Section 195 CrPC applies to both investigation and cognizance.
Judgment Excerpts
This Application is filed by the Applicant praying therein to quash and set aside the First Information Report bearing Crime No.264 of 2016 dated 13th October, 2016, registered with Ausa Police Station, Dist Latur for the offence punishable under Section 188 of the Indian Penal Code.
The learned counsel for the applicant submits that the FIR is not maintainable in view of the provisions of Section 195 of the Code of Criminal Procedure.
In the light of the above, the application is allowed. The FIR bearing Crime No.264 of 2016 registered with Ausa Police Station, Dist Latur for the offence punishable under Section 188 of the Indian Penal Code and all consequential proceedings are quashed and set aside.
Procedural History
The applicant filed Criminal Application No.4033 of 2017 under Section 482 CrPC before the High Court of Bombay at Aurangabad seeking quashing of FIR No.264 of 2016. The court heard the matter on 4th October 2017 and allowed the application.
Acts & Sections
- Indian Penal Code, 1860: 188
- Code of Criminal Procedure, 1973: 195, 482
