MUKESH PRAJAPATI Vs. STATE OF MP. AND ANOTHER

JUDGEMENT

(1.) This application under section 482 of Cr.P.C., 1973 has been filed for quashing the F.I.R. in crime no. 313/2017 registered at Police Station Chanderi Distt. Ashoknagar, Charge sheet and all consequential proceedings pending before the Court of J.M.F.C., Chanderi, Distt. Ashoknagar, in Criminal Case No. 49/2017.

(2.) The necessary facts for the disposal of the present application in short are that on the instructions of respondent no.2, the Sub-Engineer lodged a F.I.R. on the allegation that although the Excavation of Bore has been prohibited by the Collector till 30-6-2017, but still in utter violation of the orders of the Collection, the applicant has excavated a Bore at village Khaira on 26-6-2017 and thus, has committed an offence under Section 188 of I.P.C. Accordingly, the F.I.R., for offence under Section 188 of I.P.C., was registered and consequently, the police, after completing the investigation, filed a charge sheet against the applicant for offence under Section 188 of I.P.C.

(3.) It is submitted by the Counsel for the applicant that the Trial Court has taken cognizance of the offence under Section 188 of I.P.C. on the basis of charge sheet filed by the Police. It is submitted by the Counsel for the applicant that in view of the provisions of section 195 of Cr.P.C., 1973 only complaint would lie and the Charge sheet cannot be filed for offence under section 188 of Cr.P.C., 1973