State Of J&K vs Arjun Singh And Another on 9 June, 2023
7. Also in 'Zabir Ahmed vs. State &Anr' 2010(2) JKJ(HC) 6, it has
been held by this court that "The district magistrate having not
authorised anyone to file the requisite complaint and the prosecution
having been initiated on the basis of the final police report i.e the police
challan and not on a complaint can templated by section 196 of the code
of criminal procedure, may not just be justified. Thus, it is evident that
the cognizance of the offences as mentioned above cannot be taken,
until and unless the provisions contained in section 196 of the Code are
complied with.