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7. The afore-narrated facts are not in dispute. The Police Officer i.e., the 2nd respondent is the complainant. The allegation against the petitioners on the incident, is as narrated hereinabove, which does not require reiteration. The crime is registered in Crime No.271 of 2019 for offences punishable under Sections 143, 147, 353 and 149 of the IPC. There was no offence registered under Section 188 of the IPC laid at the time of registration of crime. The Police file a charge sheet after investigation, after 22 months i.e., on 05.10.2021. Here the offence under Section 188 of the IPC is added. Whether Section 188 of the IPC can become an offence without it being registered by an authorized officer as that creates a bar under Section 195 of the Cr.P.C. is what is required to be considered. The consideration of which, NC: 2025:KHC:9787 need not detain this Court for long or delve deep into the matter. This Court in SHASHIKALA K.S. V. STATE OF KARNATAKA in Criminal Petition No.6812 of 2023 decided on 08.09.2023, has held as follows:

20. Therefore, it is very clear from the above judgments that there must be a complaint by a public servant, who is lawfully empowered, whose lawful order has not been complied with. The provisions of Section 195 of Cr.P.C. are mandatory and non-compliance, with it, will make the entire process void ab initio, being without jurisdiction.

NC: 2025:KHC:9787

21. The submission of the learned Additional Public Prosecutor to the effect that Section 188 of IPC is a cognizable offence, and therefore, the Police Officer is entitled to proceed under Section 154, 156 and 157 of Cr.P.C, is not sustainable. The offence being cognizable by itself, does not enable the Police Officer to register an FIR for an offence under Section 188 of IPC. The reason being, such registration of an FIR has to necessarily end with a Police Report under Section 173(2) of Cr.P.C, which is specifically barred under Section 195 of Cr.P.C. The definition of a complaint under Section 2(d) of Cr.P.C. itself makes it clear that a complaint does not include a Police Report. The Hon'ble Supreme Court has gone to the extent of saying that such a Final Report, which is taken cognizance will make the entire proceedings void ab initio which would necessarily mean that the registration of the FIR for an offence under Section 188 of IPC will also become void.

NC: 2025:KHC:9787

24. It is true that a Police Officer by virtue of the power given under Section 41 of Cr.P.C, will have the authority to arrest a person, without any warrant or order from a Magistrate, when a cognizable offence is committed in his presence or in order to prevent the committing of a cognizable offence. This power by itself will not vest the Police Officer to register an FIR for an offence under Section 188 of IPC. After the arrest, the concerned Police Officer is duty bound to inform the public servant authorised about the offence committed under Section 188 of IPC and the public servant thereafter, has to proceed in accordance with the procedure under Section 195(l)(a)(i) of Cr.P.C. In other words, the power of the Police Officer to arrest a person committing a cognizable offence, is only a preventive action and thereafter the procedure to be followed is guided by Section 195(l)(a)(i) of Cr.P.C.

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29. In view of the discussions, the following guidelines are issued insofar as an offence under Section 188 of IPC, is concerned:

a) A Police Officer cannot register an FIR for any of the offences falling under Section 172 to 188 of IPC.

b) A Police Officer by virtue of the powers conferred under Section 41 of Cr.P.C. will have the authority to take action under Section 41 of Cr.P.C, when a cognizable offence under Section 188 IPC is committed in his presence or where such action is required, to prevent such person from committing an offence under Section 188 of IPC.