TEJASBHAI NARENDERABHAI NAIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application the applicant herein under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 has prayed for quashing of the FIR being C.R. No.II-5 of 2016 registered against the applicant herein with Navsari (Rural) Police Station, District Navsari for the alleged offence punishable under Sec. 188 of the Indian Penal Code, 1860. The aforesaid FIR culminated in charge sheet and is registered as Criminal Case No.1582 of 2016.

(2.) Mr. Panthil Majmudar, the learned advocate appearing for the applicant submitted that the applicant herein is constrained to approach this Court seeking the aforesaid reliefs in view of the fact since the alleged offence is one of the offences, for which there is a bar under Sec. 195 of the Code of Criminal Procedure, 1973 and the learned Magistrate could not have taken cognizance of the alleged offence since, the FIR is not filed by the authorized officer and considering the bar under Sec. 195 of the Code of Criminal Procedure, 1973, the Court below cannot take cognizance of the alleged offence on filing of the charge-sheet and therefore, the entire prosecution has to fail considering the bar under Sec. 195(1)(a)(i) . Mr. Panthil Majmudar, the learned advocate appearing for the applicant placed reliance on Special Criminal (Quashing) Application No.2908 of 2015 wherein this Court has considered an identical issue and submitted that the impugned complaint be quashed and set aside.

(3.) Ms. Maithili Mehta, the learned Additional Public Prosecutor appearing for the respondent State was not in a position to controvert the existing legal position and the statutory bar under Sec. 195 of the Code.