The bench of Justice Namit Kumar of the Punjab and Haryana High Court in the case of Pritam Singh Vs State of Punjab held that it would not be open to the police to register a case against the offender for offence under Section 188 IPC and then to submit a report under Section 173 Cr.P.C. to the concerned court.
BRIEF FACTS
The factual matrix of the case is that the team of police officials was present and patrolling during ongoing Vidhan Sabha elections. Police received information that some persons have tried to influence the voters of Vidhan Sabha and if on spot raid is conducted then all the persons can be arrested. The present petition is filed under section 482 CrPC for quashing under section 188 IPC.
The learned counsel appearing on behalf of the petitioner contended that the petitioner has been falsely implicated in the present case and nothing has been attributed to him in the FIR in question and nothing has been recovered from him, thus, he cannot be held liable for the offence under Section 188 IPC. It was further submitted that there is a complete violation of Section 195 Cr.P.C. as the final report under Section 173 Cr.P.C. has been filed without written complaint of the concerned officer whose order under Section 188 IPC has been disobeyed.
COURT’S OBSERVATION
The hon’ble court relied upon the judgment titled Jiwan Kumar vs. State of Punjab & others, 2009(1)RCR (Criminal) 415 and it was held that it would not be open to the police to register a case against the offender for offence under Section 188 IPC and then to submit a report under Section 173 Cr.P.C. to the concerned court. It was further held that it is abundantly clear that registration of FIR is nothing but is in complete violation of legal proposition as well as settled canons of law, especially, in the circumstances that admittedly, no complaint in writing by Public Servant concerned has been moved as is required under Section 195(1) Cr.P.C. Thus, registration of FIR and commencement of proceedings qua petitioner is impermissible under the provisions of Code of Criminal Procedure. Thus, it deserves to be quashed.
CASE NAME- Pritam Singh Vs State of Punjab
CITATION- CRM-M-9551 of 2022
CORUM- Justice Namit Kumar
DATE- 22.12.22
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