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Issues: Whether an FIR under Section 174-A of the Indian Penal Code could be lodged and prosecuted on the basis of a police report, or whether Section 195(1)(a)(i) of the Code of Criminal Procedure, 1973 required initiation only through a written complaint by the court concerned.
Analysis: Section 195(1)(a)(i) bars cognizance of offences covered by Sections 172 to 188 of the Indian Penal Code except on a written complaint of the public servant concerned or the court concerned, and Section 174-A was inserted into that statutory cluster by amendment. The statutory scheme, including the definition of complaint and the amendments made to the First Schedule and related provisions, was treated as showing that the legislature intended a special complaint-based mode for proceedings under Section 174-A despite its cognizable character. The Court also held that a police report for such an offence cannot substitute the complaint contemplated by Section 195, and that contrary views had misread the scope of the bar.
Conclusion: Section 195(1)(a)(i) applies to proceedings under Section 174-A of the Indian Penal Code, so prosecution could be initiated only on a written complaint by the competent court and not by FIR or police report.
Ratio Decidendi: Where a statute expressly bars cognizance except on a written complaint, a police report cannot be used to initiate proceedings even if the offence is otherwise cognizable.
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