JAGDISH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant petition has been preferred under Section 482 Cr.P.C. by Jagdish and other petitioners seeking quashing of FIR No. 275 dated December 1, 2014 under Section 188/34 IPC, registered at Police Station, Khol, District Rewari and subsequent proceedings emanating from it.

(2.) Undisputably, above referred FIR has been registered on the basis of a letter written by District Collector, Rewari to Superintendent of Police, Rewari, under Section 188/34 IPC against the petitioners. The matter was investigated by SHO and ultimately, report under Section 173(2) Cr.P.C. was presented in the Court of learned Jurisdictional Magistrate.

(3.) The main ground of attack raised by learned counsel for the petitioners is that proceedings under Section 188 IPC can only be initiated on the basis of a complaint in writing moved by Public Servant concerned to the Court or to some other Public Servant to whom he is administratively subordinate. Section 195(1) Cr.P.C. clearly bars the Court from taking cognizance of any offence punishable under Section 188 IPC unless a complaint in writing is made to it by Public Servant concerned.