Unknown vs Chandresh Mamgain
2023 Latest Caselaw 676 UK

C482 No. 290 of 2023
Hon'ble Ravindra Maithani, J.

Mr. Siddharth Sah, Advocate for the petitioner.

Mr. S.S. Adhikari, A.G.A. for the State.

The challenge in this petition is made to the followings:-

(i) Order dated 19.05.2022, passed in Criminal Complaint Case No. 880 of 2022, State Vs. Chandresh Mamgain, under Section 186 IPC, in the court of Chief Judicial Magistrate, Nainital ("the complaint case"). By it, cognizance was taken against the petitioner and he was summoned to answer the accusation under Section 186 IPC; and

(ii) Judgment and order dated 07.02.2023, passed in Criminal Revision No. 72 of 2022, Chandresh Mamgai Vs. State and another, by the court of Sessions Judge, Nainital ("the revision"). By it, the revision of the petitioner has been dismissed and order passed in the complaint case has been upheld.

Learned counsel for the petitioner would submit that the cognizance under Section 186 IPC has been taken without following the procedure as given under Section 195 of the Code of Criminal Procedure, 1973 ("the Code"). It is argued that initially, FIR was lodged by the concerned public servant. When charge sheet was filed, it was returned and thereafter, the Investigating Officer filed a complaint, on which, cognizance has been taken.

Learned counsel would submit that as per Section 195 of the Code, cognizance of offence under Section 186 IPC cannot be taken except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate.

Having considered, this Court is of the view that this matter definitely requires deliberation.

Issue notice to respondent nos. 2 and 3.

List this matter on 17.06.2023. Till then, proceedings of the complaint case pending before the court below shall remain in abeyance.

(Ravindra Maithani, J.) 17.03.2023 Jitendra