Section 188 in The Indian Penal Code, 1860
188. Disobedience to order duly promulgated by public servant.—
Whoever, knowing that, by an order promulgated
offence punishable under Sections
172 to 188 (both inclusive) of the Indian Penal
Code (45 of 1860), or
........
except on the complaint in writing ... Section 195(a)(i) Cr.PC bars the court from taking
cognizance of any offence punishable under Section 188 IPC
or abetment
cases registered by the Police under
Section 188 of Indian Penal Code [ IPC ], along with other offences becomes a
subject matter of challenge ... final report is registered under Sections 172 to
188 of the Indian Penal Code.
3. Under Section 195 of the Criminal Procedure Code, no Court
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 ... take cognizance of an offence
punishable under sections 172 to 188 , Indian Penal
Code, except on the complaint in writing of the public
servant concerned
police authorities in registering cases under the
provisions of the Indian Penal Code (IPC) and the Food Safety
and Standards ... only come into play if food or
drink is adulterated. The Indian Penal Code does not describe
or define adulteration. The definition of adulterant
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
under Section 154 of the Cr.P.C for
offence punishable under Section 188 of the IPC upon which
learned Trial Court ... view of the provisions of section 195 of Cr.P.C under section
188 of IPC. The Division Bench also relied upon
Andhra Pradesh for the offence
punishable under Sections 188 , 505 (2) and 506 of Indian Penal
Code (for short " ... Cr.P.C. the
MSM,J
WP_8890_2020
8
proceedings against the petitioner for the offence punishable under
Section 188 of
188 of Sole U/Ss.188, Purchase,
2021 2021 of Tenali I accused 272, 273, 420 possession and
Town P.S., of IPC ... 188, Transportation
2021 2021 of 269 of IPC ; of banned
Pusapatirega Sec.5(1) tobacco
P.S., r/w.22 of products.
Vizianagaram
Ahmedabad for the offences
punishable under Sections 143 and 188 of the Indian
Penal Code.
3. The principal argument rather only argument of
the learned ... take cognizance
of an offence punishable under sections 172 to
188 , Indian Penal Code
, except on the complaint
in writing of the public servant concerned