read with Section 34 IPC.
11. Section 188 of the Indian Penal Code, reads as under:
"188. Disobedience to order duly promulgated ... offence punishable under sections 172 to 188 (both
inclusive) of the Indian Penal Code, (45 of 1860), or
(ii) of any abetment of, or attempt
Code of Criminal Procedure (for short ` Cr.P.C .) seeking quashing of FIR
No. 144 dated 22.6.2007 registered under Section 188 of the Indian Penal ... offence punishable under Sections 172 to 188
(both inclusive) of the Indian Penal Code except on the complaint in
writing of that Court
Penal Code.
(...)
17. The ingredients of the offence under Section 188 of Indian
Penal Code are the following:-
(1) There was promulgation of an order ... Indian Penal Code, except
in the manner provided by Section 195 of the Code , the said
judgment equally applies to the offence under Section 188
registered at Police Station Badsahpur,
District Gurgaon, under Section 188 of the Indian Penal Code (for
brevity, ' IPC ') for the alleged ... offence punishable under sections 172
to 188 (both inclusive) of the Indian Penal Code (45
of 1860), or
(ii) of any abetment of, or attempt
offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code , (45
of 1860), or
xxx xxx
except on the complaint ... Section without which the trial under Section 188 of the Indian
Penal Code becomes void ab initio. See Daulat Ram v. State of
Punjab
noticed that proceedings under Section 188
Indian Penal Code can only be initiated on the basis of a complaint
in writing of the public servant ... Court from
taking cognizance of any offence punishable under Section 188
Indian Penal Code unless a complaint in writing is made
Section 195(1)
(a) Cr.P.C as it deals with taking cognizance of offence
punishable under Section 188 IPC. For ready reference ... offence punishable under sections 172
to 188 (both inclusive) of the Indian Penal Code (45
of 1860), or
(ii) of any abetment of, or attempt
Section 195(1)
(a) Cr.P.C . as it deals with taking cognizance of offence
punishable under Section 188 IPC. For ready reference ... offence punishable under sections
172 to 188 (both inclusive) of the Indian Penal
Code (45 of 1860), or
(ii) of any abetment of, or attempt
clear that where an offence is
committed under Section 188 Indian Penal Code, the
Legislature has made it obligatory that the public servant
before whom ... offence punishable under sections 172 to 188 (both
inclusive) of the Indian Penal Code (45 of 1860), or
(ii) of any abetment of, or attempt
offence under Section 188 of
Indian Penal Code is not permitted in law at the instance of Police."
13. This court in the case ... police
cannot register an FIR for the offence under
Section 188 of Indian Penal Code and entire
prosecution would be rendered Void-ab-initio
