RAM PRAVESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The issue involved in the present writ petition is whether a court can take cognizance of an offence punishable under Section 188 of the Indian Penal Code (for short 'IPC') on the basis of a police report submitted under Section 173(2) of the Code of Criminal Procedure (for short 'CrPC').

(2.) In the instant application preferred under Article 227 of the Constitution of India, the petitioner has challenged the order dated 09.09.2016 passed in Criminal Revision No.586 of 2014 by the learned Additional Sessions Judge-V, Gopalganj whereby the order dated 06.02.2010 passed by the learned Judicial Magistrate-1st Class, Gopalganj in Gopalganj P.S. Case No.393 of 2005 has been upheld and the revision application preferred against that order has been dismissed.

(3.) The facts of the case, in short, are that the First Information Report (for short 'FIR') bearing Gopalganj P.S. Case No.393 of 2005 dated 26.10.2005 was registered under Section 188 of the IPC against the petitioner on the written report of the Election Officer, 25-Barauli-cum-S.D.O. Gopalganj alleging therein that at the time of nomination of the Bihar State Legislative Assembly Election the petitioner has disobeyed the guidelines issued by the Election Commission of India for conduct of political parties and candidates during election.