The Madhya Pradesh HC on Thursday held that Section 195(1) of Cr. P.C doesn’t bar Registration of FIR.

Case Title: Ramesh Mendola v. The State Of Madhya Pradesh Station House Officer Bench: Justice Satyendra Kumar Singh Citation: MISC. CRIMINAL CASE No. 32126 of 2022 Section 195(1) Of CrPC Does Not Bar Registration of FIR, Rules Madhya Pradesh HC

The bench of Justice Satyendra Kumar Singh noted that “Section 195(1) of Cr.P.C. only says that no Court shall take cognizance of any offence punishable under Sections 172 to 188 of IPC except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. There is nothing in the said provision which debars registration of FIR.” In this case, Sub Divisional Magistrate, Returning Officer, granted permission to hold a meeting wherein it was specifically mentioned that not more than 100 people will gather in the meeting. Applicant and co-accused being election controller and organizer of the said meeting violated the conditions of the aforesaid order. On the same day, FST In-charge made a written complaint along with a CD related to videography of the incident to Returning Officer, who forwarded the said complaint to SHO on the basis of which an FIR was registered against the applicant and co-accused for the offence punishable under section 188 of IPC. Shri V.K. Jain, Counsel for the petitioner submitted that, as per the provisions of Section 195 of Cr.P.C., an offence under Section 188 of IPC can only be registered on the basis of the written complaint to the Court and in the instant case, no such complaint has been filed before the competent Court, therefore, FIR registered against the applicant is liable to be quashed. The bench observed that “it has nowhere stated that the written complaint should be filed before the Court. The written complaint has been made by the public servant FST Incharge, and the same has been forwarded by his superior officer. Therefore, it cannot be said that provisions of Section 195(1) of Cr.P.C. has not been complied with. The facts of the cases cited by the counsel for the applicant are entirely different wherein no written complaint was made by the public servant, even then cognizance was taken.” In view of the above, High Court dismissed the petition.