Gurgaon District Court: Vikrant, J. noted that a separate complaint under Section 195(1)(a)(i) of the Code of Criminal Procedure, 1973 (‘CrPC’) was not registered in case where a First Information Report was registered against the accused under Section 188 of the Penal Code, 1860 (‘IPC’) for violation of the District Magistrate’s order under Section 144 of the CrPC. The Court held that the District Magistrate, Gurugram, was duty bound to make a complaint to the Judicial Magistrate concerned of the area and the said refusal or non-compliance with this requirement to make the complaint is in violation of the law.
In the matter at hand, a First Information Report was registered on 08-08-2023 against the accused under Section 188 of the IPC for violation of the District Magistrate’s order under Section 144 of the Code of Criminal Procedure, 1973 (‘CrPC’). The said FIR was registered as the offence was cognizable. Arrest warrants were issued against the accused. However, the accused himself appeared before the Court and filed an application for recalling the arrest warrants issued against him.
The Court noted that a separate complaint under Section 195(1)(a)(i) was not registered, which is inevitable for the purpose of taking cognizance and putting the accused to the trial. On perusal of Section 195 of the CrPC, the Court noted that it provides that no Court shall take cognizance of any offence punishable under Section 172–188 of the IPC, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. The Court said that the District Magistrate, Gurugram was duty bound to make a complaint to the Judicial Magistrate of the area either under his own signature or through any authorized official subordinate to him. The said refusal or non-compliance with this requirement to make the complaint is in violation of the law. Further, the Court held that without the separate complaint under Section 195(1)(a)(i), the Court cannot take cognizance of the offence against the accused and put him to trial.
Therefore, the Court discharged the accused for want of complaint under Section 195 CrPC from the District Magistrate, Gurugram and recalled the arrest warrant issued against them.
The Court also directed the District Magistrate, Gurugram, to pay compensation of Rs. 1000/- to the accused under Section 358 of the CrPC for making him undergo the police proceedings unnecessarily, joining investigation, without any intention to prosecute him.
In case of non-payment of the compensation, the Court said that the accused is at liberty to approach the Court after 30 days for recovery of the amount.
[State of Haryana v. Shagun, 2024 SCC OnLine P&H 1, Order Dated: 06-01-2024]
Advocates who appeared in this case:
For the accused: Advocate Sahil Saini
For the respondents: Advocate Himanshu Yadav
