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
alleges commission of offence, by the applicant, under Section
188 of the Indian Penal Code, 1860 ( IPC ). The complainant is "Amit
Kumar ... relevant) reads thus:
"Sub: Request for filing FIR under Section 188 IPC. Sir This
has reference to this department order
Police Station, Ahmedabad for the offences
punishable under Sections 143 and 188 of the Indian
Penal Code.
3. The principal argument rather only argument ... court shall take cognizance
of an offence punishable under sections 172 to
188 , Indian Penal Code
, except on the complaint
in writing of the public
Crime No.197/2018 for the offences
punishable under Sections 171H , 188 of Indian Penal Code
and Section ... shall take cognizance of
any offence punishable under Sections 172 to 188
of the Indian Penal Code except on the complaint
in writing
West Champaran, Bettiah whereby
cognizance of the offence under Section 188 of the Indian Penal
Code (for short „ IPC ‟) has been taken against ... 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
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 ... Magistrate
under sub-section(2) of section 173 Cr.P.C. So the law
under Section 195 Cr.P.C. provides for a complaint
offence punishable under sections 172 to 188 (both
inclusive)of the Indian Penal Code (45 of 1860), or
(ii) of any abetment of, attempt ... Cr.P.C will have the authority to take action under Section 41 of
Cr.P.C., when a cognizable offence under Section 188 IPC
clear that where an offence is
committed under Section 188 Indian Penal Code, the
Legislature has made it obligatory that the public servant
before whom ... under Section 195 (1) (a) of the Code.
However, Section 195 of the Code specifically provides that
proceedings under Section 188 of IPC
188 , Indian Penal Code ; another under section 7 Criminal Law Amendment Act, section 4 of Police Forces (Restriction of Rights) Act and sections ... section 29 of the Police Act. There are nine other petitioners against whom the first complaint is for violation of section 188 , Indian Penal Code
under Section 195(a)
(i) of Cr.P.C . to take cognizance for the offence under Section 188 of
IPC, it does ... offence punishable under
sections 172 to 188 (both inclusive)of the
Indian Penal Code (45 of 1860), or
(ii)of any abetment of, attempt
