2016 (5) TMI 1636

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....n criminal case bearing FIR No. 146 dated 15.03.2010, Police Station, Chandni Bagh, Panipat under Section 174-A of the Indian Penal Code ("IPC"- for short) was dismissed. 2. Case of the prosecution in nut-shell as projected before the learned trial Court was that on 15.03.2010, S.I. Partap Singh along with A.S.I. Ratti Ram and other police officials was present in the area of G.T. Road, Chautala Road turning Shiwah, in connection with patrolling and investigation of crime. There he received a secret information that the young man who is standing on the passage adjoining to stadium which leads to village Dahar is Sher Singh @ Sheru resident of village Shiwah who had been declared a proclaimed offender in criminal case bearing FIR No. 270 ....

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....bodied in Chapter X of the Indian Penal Code. Then he also contended that as per provisions of Section 195, Cr. P.C., no Court can take cognizance of the offences falling under Sections 172 to 178 (Chapter X of IPC) except on the complaint in writing of the Court concerned or by such Officer authorized to do so on its behalf. 6. The relevant part of provision of Section 195, Cr. P.C., is detailed as under:- "(I) No Court shall take cognizance- (a)(i) of any offence punishable under Sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), xxxxxxx [except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or ....

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....oint in issue, the Hon'ble Apex Court further laid down as under:- xxxx "the law can be summarised to the effect that there must be a complaint by the public servant whose lawful order has not been complied with. The complaint must be in writing. The provisions of Section 195, Criminal Procedure Code, are mandatory. Non-compliance of it would vitiate the prosecution and all other consequential orders. The Court cannot assume the cognizance of the case without such complaint. In the absence of such a complaint, the trial and conviction will be void ab-initio being without jurisdiction." ii. Raj Singh vs. State of Punjab, 1997(2) R.C.R. (Criminal) 100, Punjab and Haryana High Court. In this case, a person obt....