AASIF JAVED Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing of FIR No. 201 dated 3.10.2015 under Section 188 IPC registered at Police Station Nagina, District Mewat (Annexure P/2) and all subsequent proceedings arising therefrom.

(2.) Facts relevant for the purpose of decision of the present petition; that the above mentioned FIR was registered at the instance of respondent No.2 with regard to violation prohibitionary order under Section 144 Cr.P.C. passed by the District Magistrate alleging that five boys were apprehended who were violating the said order under Section 144 Cr.P.C. and as such, complaint under Section 188 IPC was filed against the petitioner.

(3.) Learned counsel for the petitioner contended that the present FIR is not maintainable because in such like cases instituted on the basis of a complaint of the public service, report under Section 173 Cr.P.C. cannot be filed straightway, rather after enquiry by public servant, the complaint is to be filed by the said public servant.