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    <title>2016 (5) TMI 1636 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>Section 174-A IPC could not be the basis of a valid prosecution where the concerned court had not made a written complaint as required by Section 195(1)(a)(i) CrPC. The statutory bar on cognizance applied, and police action alone could not satisfy the jurisdictional prerequisite for initiating proceedings. Because the complaint in writing was absent, the criminal process was not lawfully set in motion and the defect went to the root of the matter. The conviction and sentence were therefore held unsustainable, and acquittal followed.</description>
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      <description>Section 174-A IPC could not be the basis of a valid prosecution where the concerned court had not made a written complaint as required by Section 195(1)(a)(i) CrPC. The statutory bar on cognizance applied, and police action alone could not satisfy the jurisdictional prerequisite for initiating proceedings. Because the complaint in writing was absent, the criminal process was not lawfully set in motion and the defect went to the root of the matter. The conviction and sentence were therefore held unsustainable, and acquittal followed.</description>
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