OMPRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) This petition u/s. 482 of the Cr.P.C. has been filed quashment of Cr. Case No. 146/2014 pending before the Judicial Magistrate, First Class, Indore arising out of FIR 357/2014 registered at Police Station Vijay Nagar, Indore for the offence punishable u/s. 188 of the I.P.C.

(2.) The brief facts of the case are that the District Education Officer, Indore lodged a written complaint through M.M. Tiwari, Principal, Government Higher Secondary School, Nanda Nagar, Indore stating that the Additional Collector, Indore has issued an order u/s. 144 of the Cr.P.C. and in violation of the said order, present applicant was selling the school -uniform with school -mono. On this basis, Police has registered the Crime No. 357/2014 for the offence u/s. 188 of the IPC against the applicant who is the owner of shop in the name of "Akash Uniform Sansthan", Vijay Nagar, Indore. After investigation, Police Station Vijay Nagar, Injdore has filed the final report against the applicant. The Magistrate explained the particulars of offence u/s. Section 188 of the IPC. Applicant denied the charge and the case was fixed for evidence.

(3.) This petition is filed on the ground that in view of the provisions of Section 195 of the Cr.P.C., for the offence u/s. 188 of IPC, the Court can take cognizance only on a complaint in writing filed by the public servant whose order has been violated, whereas in the present case, no such complaint has been filed by the Additional Collector. Thus, the Court has wrongly taken the cognizance. For this purpose, he placed reliance on the judgment of this Court in the case of Ashok Agrawal Vs. State of M.P. (M.Cr.C. No.5306/2014) decided on 28.11.201. It is also submitted that the Apex Court in the case of State of Haryana Vs. Bhajan Lal : AIR 1992 SC 604, has held that the Court can exercise the inherent power either to prevent abuse of process of law or to secure the ends of justice.