AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been filed for quashing of FIR No. 153 dated 12.8.1991 under Sections 341/144/149/186 IPC, P.S. Kotwali, Barnala. First Information Report sought to be quashed in this case, was registered against the petitioners and they have been challened on the basis of allegations that they wanted a person named Jarnail Singh to be released from the police station and with the motive to get him released, they alongwith 150 men and 25/30 women encircled Police Station Barnala, detailed the police officials inside and demanded the release of said Jarnail Singh. Quashing has been sought on the ground that no Court is to take cognizance of any offence punishable under Sections 172 to 188, except on the complaint in writing of the Public servant concerned. As per the petition and according to the counsel, no such complaint had been made in writing by the concerned SHO of police station. In support of his argument, counsel has referred to decision in Bhagat Ram v. State of Punjab, 1991(1) RCR 192.

(2.) THE provisions of Section 195, Cr.P.C. leave no manner of doubt that jurisdiction of the Court to take cognizance of an offence under Section 186 IPC is barred except on the complaint in writing of the police officer concerned or of some other public servant to whom he is administratively subordinate. It is not in dispute that no such complaint in writing to the court concerned has been filed in this case, but only First Information Report at the police station had been lodged which resulted in the prosecution of the petitioners. In view of this settled position, the present petition shall stand allowed to the extent that First Information Report regarding offence under Section 186 IPC shall stand quashed. As regards offences under Sections 341/144/149 IPC, the petition shall stand dismissed. This petition stands disposed of in the manner indicated above. Order accordingly.