INTRODUCTION
In the recent judgement Supreme Court has stated that the cases under section 195 to be filed before judicial magistrate and not before executive magistrate , to support its claim section 2(d) of C.R.P.C which defines complain is taken under consideration & supreme court has quashed criminal proceeding against the appellant with respect to the offences under section 186 & 353 of IPC.
BACKGROUND
An FIR was filed under section 186 (obstructing the public servant in discharge of public functions) and Section 353 ( Assault and public force to deter public servant from discharge of his duty ) . Although the Appellant approached the high court for quashing the FIR the plea was rejected on the basis of FIR as well as witness. The court explained the difference between the Cognizable and Non cognizable offence , and highlighted that for Non cognizable offence prior approval of magistrate is required for investigation.
KEY POINTS
- Cognizance of the offence : The complaints under section 195 ( Prosecution for contempt of lawful authority of public servant) , shall be cognizable under section 185 when a prior complaint was filed by public servant before the Magistrate .
- Assault or criminal force : The complaints filed under section 353 of IPC for obstruction in discharge of duty of public servant requires to essential components that is Assault and Criminal force mere obstruction is insufficient
- FIR to be self-evident : The bench referred the case of State of Haryana vs Ch. Bhajan Lal & Ors. and laid certain guidelines for quashing of the cases one of them was when the FIR doesn’t pima facie constitute any offence .
RECENT DEVELOPMENTS
Depending upon the nature of cases the supreme court has limited the meaning and scope of complaints filed under the criminal procedure code . And stated , the complaints filed under section 2(d) of C.R.P.C to be filed before the executive magistrate . Supreme court has also took cognizance under section 186 and 353 of Indian Penal Code , for the valid written complaint by the public servant prior to trial before the court under section 195 of C.R.P.C.
CONCLUSION
This supreme court judgement has made a strong and clear procedural precedent in criminal cases , and by quashing the decision the supreme court has highlighted the importance of adhering to the legal safeguard and to protect the right to equality for the citizens under Article 14 of the Indian Constitution and to protect the citizens from the coercive power of the state . And it also provides the clarity of filing of complaints and to pass order relating to cognizable and non cognizable offences .
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WRITTEN BY: Prince Kumar
