under Section 186 / 188 of
IPC, for which a bar exists under Section 195 of Cr.P.C.
i. Law of Section 195 ... Gajraj Singh, P.S. Kapashera, reads as under:
"...Sub: Request to give Complaint u/s 195 CrPC
Sir,
It is submitted that
U/S
148 IPC could not be proved against the accused.
35. I come to the offence u/s 186 Indian Penal Code . Section ... U/S 195 Cr.P.C . Even in the last
paragraph of Ex. PW10/A, it is mentioned that permission Under Section
195
learned Committal Court for offence under Section 186
IPC despite the complaints under Section 195 Cr.P.C. being on record, the
cognizance for offence ... reconsider the order of cognizance for offence under Section 186 IPC on
the complaints under Section 195 Cr.PC, rectify the same, directing Sunil,
Crl
Magistrate U/s 190(1)(a) Cr.P.C on receipt of
complaint, he can direct investigation U/s 156(3) Cr.P.C after ... u/s. 340 Cr.P.C. does not arise in the present
case as the Ld. CMM had filed a complaint u/s. 195
IPC ") on the ground that the complaint was barred under
Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973 (for short ... amount to
an offence under Section 193 IPC, a complaint of court is necessary
under Section 195(1)(a) CrPC and this cannot
they were
independent offence under Section 188 of IPC. The
contention that absence of a written complaint under Section
195 Cr.P.C. vitiates ... reference to Section 195(1)(b) of Cr.P.C. Section
195(1)(a) and Section 195(1)(b) indeed require a complaint
Section 340 Code of Criminal
Procedure 1973 (hereinafter referred to as " Cr.P.C "), a complaint under
Section 340 ... police to investigate, under the Criminal Procedure Code .
Once investigation is completed then the embargo in Section
195 would come into play and the Court
section 186 / 188 / 353 IPC. Indeed, section
195(1)(a) CrPC bars the power of court to take cognizance of
offence u/s ... u/s 188 IPC
for which the revisionist has been charged is cognizable
offence but the cognizance for same is barred u/s 195
CrPC
under Section 195 Criminal
Procedure Code". It was further held that:
"5. A bare reading of Section 195 , Criminal Procedure
Code would show ... under Section 161 , Criminal Procedure
Code or for that matter under Section 164 , Criminal
Procedure Code cannot and would not constitute a written
complaint
written complaint of the concerned public servant,
which the Code of Criminal Procedure , 1973 (" CrPC ") by its Section
195 ... void as to the offence
under Section 188 IPC.
D) That since the complaint under Section 195 CrPC filed by Sh. Devendra
Kumar
