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1 - 10 of 15 (0.41 seconds)Section 188 in The Indian Penal Code, 1860 [Entire Act]
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 195 in The Code of Criminal Procedure, 1973 [Entire Act]
The Disaster Management Act, 2005
Daulat Ram vs State Of Punjab on 29 April, 1997
15. Section 195 Cr.P.C. bars the court from taking cognizance in some
cases i.e., offences punishable under Sections 172 to 188 IPC (both
inclusive) or its abetment or attempt, or criminal conspiracy, except on the
complaint in writing of the public servant concerned, or his superiors. It is
settled law that in the absence of the complaint, taking of cognizance is
bad and such taking of cognizance has been quashed by the High Courts
and the Apex Court. The judgments relied upon by the learned counsel for
petitioner, namely, Bajranglal Parikh (supra), Gurinder Singh (supra),
Apurva Ghiy (supra), Sushil Sharma (supra), Saloni Arora (supra),
Daulat Ram (supra) and Mohan Kukreja (supra), are all cases that have
set aside orders whereby cognizance was taken by the court in the absence
Signature Not Verified
W.P.(CRL) 698/2022 Page 6 of 11
Digitally Signed
By:MANJEET KAUR
Signing Date:04.08.2022
16:34:15
of a complaint of the concerned public servant.