The Madhya Pradesh High Court, Indore Bench in the case Ramesh Mendola v The State Of Madhya Pradesh observed and has recently held that Section 195(1) of CrPC nowhere states that that written complaint by the public officer has to be filed before the Court. It was noted by the Court that the said provision also does not debar registration of FIR.
While rejecting to quash the FIR against the Accused/ Applicant, the bench comprising of Justice S.K. Singh observed 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 Indian Penal Code, 1860 except on the complaint in writing of the public servant concerned or of some other public servant concerned to whom he is administratively subordinate. In the said provision there is nothing which debars registration of FIR. It has nowhere stated that before the court the aforesaid written complaint should be filed.
FACTS OF THE CASE
A political event is organized by the applicant, the event alleging in violation of the orders passed by the executive authorities. While the gathering of people was to be limited to 100 people and it is said that the event actually hosted about 300 people who gathered and participated in the meeting without following the guidelines issued with regard to COVID-19 pandemic, corollary to the same, a compliant was made by the authority concerned to the respective SHO, who accordingly registered a case against the Applicant for offence punishable under Section 188 of the Indian Penal Code. An application was moved by the applicant to quash the FIR.
It was observed that the sole argument of the Applicant before the Court was that as per the provision under Section 195(1) CrPC, offence under Section 188 IPC can only be registered on the basis of a written complaint by a public servant to the court, whereas no such complaint was filed before the competent court. However, it was asserted that the FIR registered against him was liable to be quashed.
It was argued by the State that it was apparent from the record that the FIR was registered on the basis of a letter received from public servant concerned and a written complaint was made by the FST, Incharge 01 Sanwer, Indore. It was further submitted by him that the provision under Section 195(1) CrPC nowhere mentions that the said complaint should be filed before the court. Thus, it was asserted that the application was devoid of merit and liable to be dismissed.
The Court while examining the submissions of parties and documents on record, found merit in the arguments put forth by the State that they have complied with the provisions under Section 195(1) CrPC-
In the present case, the complainant has made a written complaint by the public servant FST Incharge, 001 Sanwer and the same has been forwarded by his superior officer i.e. Returning Officer, Legislative Constituency No.211, Sanwer. However, it cannot be said that provisions of Section 195(1) of Cr.P.C.
It was held by the court with the aforesaid observations that the case of the Applicant was devoid of merits.
Accordingly, the court dismissed the application.
