done only by following the procedure stipulated under the
Cr.P.C . Section 188 of the Cr.P.C. deals with offences
committed outside India ... clear that the trial of
the criminal case cannot commence without sanction
being accorded under Section 188 Cr.P.C.
IN view of the aforesaid
application in accordance with the procedure prescribed under
the Code of Criminal Procedure . It is obviously for this reason,
the Legislature in its wisdom ... Code of Criminal Procedure applicable to the proceedings under
section 12 of the Act en masse rather an independent procedure
is prescribed under
punishable under Sections 354(A) ,
419 , 504 , 506 and 509 of Indian Penal Code (for short ' IPC ')
and under Sections ... Crl.Apl.No.367-368/2020
-6-
NC: 2026:KHC:3475
CRL.P No. 4921 of 2020
HC-KAR
under Section 188 of
Special Leave Petition (CRL) No.7640/2008, it has
been observed as under :-
"10. The language of Section 188 Cr.P.C. is quite ... Aggarwal's case (supra), it was held that sanction
under Section 188 Cr.P.C. is not a condition
precedent for taking cognizance
Malleswaram Police under Section 156(3) of the Code of
Criminal Procedure, 1973 (hereinafter for brevity
referred to as " Cr.P.C .). Based ... prosecution of
petitioners for the offences under Indian Penal Code are
barred under Section 188 of Cr.P.C., without previous
sanction of the Central
instant case, admittedly no sanction is obtained
under section 188 Cr.P.C. from the Central Government to proceed
against the accused No.1. Therefore ... after obtaining sanction from the Central
Government as required under Section 188 Cr.P.C. if
they so desire.
iv) Ordered accordingly.
Sd/-
JUDGE
charge sheet has been
filed under Section 188 of IPC on the above noted
allegations. Section 188 of IPC deals with the
offence with reference ... charge sheet has been
filed under Section 188 of IPC on the above noted
allegations. Section 188 of IPC deals with the
offence with reference
that offences under Section 120B , 467 , 468 and 471 IPC. cognizance could not be taken on private complaint as provisions of Section 195 would ... Jammu & Kashmir High Court has held:
"Offence under Section 188 , Cr.P.C. - No complaint by public servant concerned - Police cannot challan
involving in Section 188 of IPC and when
cognizance could be taken by a Magistrate for an offence
under Section 188 of IPC. For this ... cases
where the alleged offence is under Section of 188
IPC .
Section 2(d) of Cr.P.C defines a complaint
as follows:
(d) Complaint
issued under sub-section (7) of Section 7 of the
Maritime Zones Act, 1976 making the provisions of the IPC and the
... Indian
Penal Code ,
1860.
1974 2 The Code of After Section 188 of the Code of Criminal
Criminal Procedure, 1973, the following section shall
Procedure
