SHYAM KARAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard with consent finally.

(2.) The petitioner has preferred this revision under Sec. 397 and 401 of the Code of Criminal Procedure, 1973 for quashment of the charges framed under Sec. 188 of Penal Code and 16(3) and 15 of M.P. Kolahal Niyantran Adhiniyam, 1985 (in short 'the Adhiniyam').

(3.) The principal ground raised by learned counsel for the petitioner is that there was no complaint in writing by any authorised officer as mandated by Sec. 195(1) of Crimial P.C. for enabling learned Magistrate to take cognizance of offence punishable under Sec. 188 of Penal Code while in this case directly FIR got registered against the petitioner. Learned counsel for the petitioner has placed reliance on the decisions of the Apex Court in the cases of C. Muniappan and Ors. Vs. State of Tamil Nadu, (2010) 9 SCC 567, State of M.P. and another Vs. Jyotiraditya Scindia, 2014 (I) JLJ 326 and in the case of Ashok Agrawal Vs. State of M.P., 2015 (1) MPHT 270.