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Issues: Whether an FIR could be registered for an offence under Section 174A of the Indian Penal Code, 1860 on a complaint made by a private person, despite the bar on cognizance under Section 195 of the Code of Criminal Procedure, 1973.
Analysis: Section 174A is treated as a cognizable and non-bailable offence in the First Schedule to the Code of Criminal Procedure, 1973, so the police are bound to register a case on receipt of a complaint. The restriction in Section 195 of the Code of Criminal Procedure, 1973 operates at the stage of cognizance by the Court and does not bar police investigation. A private person is not prohibited from lodging a police complaint merely because the eventual cognizance of the offence must be based on a complaint by the concerned public servant.
Conclusion: The FIR was held to be legal and the challenge to quash it failed.
Final Conclusion: The petition was rejected, and the police investigation into the alleged offence was permitted to stand.
Ratio Decidendi: Where an offence is cognizable, police registration and investigation are not barred merely because cognizance by the Court is subject to Section 195 of the Code of Criminal Procedure, 1973.
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