S.195(1) CrPC Does Not Bar Registration Of FIR Or Require That Written Complaint By Public Servant Be Filed Before Court: MP High Court

Rejecting the application to quash the FIR against the Applicant/ accused, Justice S.K. Singh observed-

Section 195(1) of Cr.P.C. only says that no Court shall take cognizance of any offence punishable under Sections 172 to 188 of IPC except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. There is nothing in the said provision which debars registration of FIR. It has nowhere stated that the aforesaid written complaint should be filed before the Court.

The facts of the case were that the Applicant had organised a political event allegedly in violation of the orders passed by the executive authorities. While the gathering of people was to be limited to 100 people, the event actually hosted about 300 people who gathered and participated in the meeting without following the guidelines issued with regard to COVID-19 pandemic, it is said. Corollary to the same, the authority concerned made a complaint to the respective SHO, who accordingly registered a case against the Applicant for offence punishable under Section 188 IPC. The Applicant, thus, moved an application before the Court to quash the FIR.

The sole argument of the Applicant before the Court was that as per the provision under Section 195(1) CrPC, offence under Section 188 IPC can only be registered on the basis of a written complaint by a public servant to the court. Whereas in his case, no such complaint was filed before the competent court. Therefore, it was asserted that the FIR registered against him was liable to be quashed.

Per contra, the State argued that it was apparent from the record that the FIR was registered on the basis of a letter received from public servant concerned along with a written complaint made by the FST, Incharge 01 Sanwer, Indore. He further submitted that the provision under Section 195(1) CrPC nowhere mentions that the said complaint should be filed before the court. Therefore, it was asserted that the application was devoid of merit and liable to be dismissed.

Examining the submissions of parties and documents on record, the Court found merit in the arguments put forth by the State that they have complied with the provisions under Section 195(1) CrPC-

…in the instant case, written complaint has been made by the public servant FST Incharge, 001 Sanwer and the same has been forwarded by his superior officer i.e. Returning Officer, Legislative Constituency No.211, Sanwer. Therefore, it cannot be said that provisions of Section 195(1) of Cr.P.C.

With the aforesaid observations, the Court held that the case of the Applicant was devoid of merits and accordingly, his application was dismissed.

Case Title : RAMESH MENDOLA v THE STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 192

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