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
shall be deemed to have
committed an offence under section 188 of the Indian Penal
Code (45 of 1860).
(3) If any dispute arises concerning ... resist and
further resistance thereafter would lead to penal action under
Section 188 IPC. The Indian Telegraph Act was enacted
Code of Criminal Procedure (for short ` Cr.P.C .) seeking quashing of FIR
No. 144 dated 22.6.2007 registered under Section 188 of the Indian Penal ... Cr.P.C. by the District
Magistrate, Sangrur. However, as per Section 195 Cr.P.C. the proceedings
against the petitioner under Section 188 IPC
fulfillment of ingredients of Sections
269and270of the Indian Penal Code.
(...)
17. The ingredients of the offence under Section 188 of Indian
Penal Code ... Indian Penal Code, except
in the manner provided by Section 195 of the Code , the said
judgment equally applies to the offence under Section 188
offences punishable under Sections 188 of Indian Penal Code
(for short ' IPC ') read with Sections 68 of the Punjab Excise ... Section 195(a)(i) Cr.PC bars the court from taking
cognizance of any offence punishable under Section 188
IPC or abetment
registered at Police Station Badsahpur,
District Gurgaon, under Section 188 of the Indian Penal Code (for
brevity, ' IPC ') for the alleged ... under Section 195 (1) (a) of the Code. However, Section 195
of the Code specifically provides that proceedings under Section 188 of
IPC
offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code , (45
of 1860), or
xxx xxx
except on the complaint ... concerned' as required by the
Section without which the trial under Section 188 of the Indian
Penal Code becomes void ab initio. See Daulat
offence punishable under Sections 172 to
188 (both inclusive) of the Indian Penal Code (45
of 1860), or......
Except on the complaint in writing ... servant concerned within the meaning
of Section 2(d) of the Code, offence under
Section 188 of the IPC being cognizable offence
terms of specific bar under Section 195 Cr.P.C. read
with Section 2 thereof, cognizance under Section 188 IPC could not
have ... administratively
subordinate. Section 195(1) of the Code restrains the Court from
taking cognizance of any offence punishable under Section 188
Indian Penal Code unless
made to Section 195(1)
(a) Cr.P.C as it deals with taking cognizance of offence
punishable under Section 188 IPC ... 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