UMESH SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner seeks quashing of charge-sheet and the entire proceeding initiated on the basis of FIR for the offences punishable under Sections 506 and 186 of the IPC on the ground that initiation of such proceeding is absolutely without jurisdiction and without authority of law in view of the fact that offence under Section 186 of the IPC is cognizable only on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate and both the offences are non-cognizable offences, therefore, FIR could not have been registered on the basis of FIR made by Constable Dakeshwar Sarpar.

(2.) Return has been filed by the State / respondents holding that the petitioner has rightly been prosecuted for interfering with the public duty being performed by the said Constable i.e. while producing accused in the said criminal case namely one Roshani Tiwari.

(3.) Mr. Y.C. Sharma, learned counsel appearing for the petitioner, submits that Section 186 of the IPC could not have been taken cognizance of by the learned Magistrate on the basis of charge-sheet filed by the police in view of the provision contained in Section 195(1)(a)(i) of the CrPC, as it could have been taken cognizance on the basis of complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. Likewise, Section 506 of the IPC is non-cognizable offence, therefore, on the basis of police report, no cognizance could have been taken for that offence also.