ASHWANI GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.) seeking quashing of FIR No. 144 dated 22.6.2007 registered under Section 188 of the Indian Penal Code (for short 'IPC') at Police Station City Sangrur,District Sangrur (Annexure P5) and all further proceedings arising there from .

(2.) Learned counsel for the petitioner has submitted that in the present case FIR could not be registered as offence was under Section 188 IPC. With regard to the said offence, the Court could take cognizance only on the basis of a complaint in writing by the concerned Officer. In support of his arguments, learned counsel has placed reliance on Jiwan Kumar vs. State of Punjab and others,2008 CriLJ 3576. Paras 8 and 10 of the said judgment reads as under:-

(3.) Learned State counsel, on the other hand has submitted that the FIR in question had been registered on the basis of a complaint made by the District Magistrate, Sangrur.