NIRMALABEN ARVINDBHAI ITWALA Vs. KALAVATIBEN NATWARLAL SINDHWALA

JUDGEMENT

(1.) The petition is filed challenging a complaint which was lodged before the Bharuch City Police Station and registered as such, by the said Police Station as Crime Register No. 30 of 1997. The complaint is dated 27.2.1997 and discloses an offence punishable under Sec. 188 of IPC, alleging that, by virtue of Sec. 195 of the Code of Criminal Procedure, 1973, cognizance could not be taken unless the complaint is filed by the public servant concerned, the registration of the FIR by the police is required to be interfered with by this Court.

(2.) Drawing upon the reasoning given by the Honourable Supreme Court in the case of Jehan Singh vs. Delhi Administration, AIR 1974 SC 1146, paragraphs 6 to 11, Id. Advocate Mr. Desai for the respondent complainant submitted strongly that, when according to the first schedule of the Code of Criminal Procedure, the offence under Sec. 188 is shown to be cognizable, it is the statutory right of the police to investigate the same and once occurrence of cognizable offence is brought to their notice, they have to do so, as has been done in the instant case.

(3.) As against that, if one turns to Sec. 195, the relevant portion is quoted hereinbelow, it can be found that the embargo put on the power of the Court to take cognizance is required to be reconciled with the said provision of the Schedule with a view to resolve the conflict which is apparent in the aforesaid statutory material.