Case Law Details
State of Chhattisgarh Vs Rikki Sahu (Chhattisgarh High Court)
Offence under Section 188 of the IPC can be taken cognizance of by the learned Magistrate under Section 190 of the CrPC except in accordance with Section 195(1)(a)(i) of the CrPC and unless complaint in writing is filed by the concerned public officer, on the basis of police report, offence under Section 188 of the IPC cannot be taken cognizance of by the jurisdictional Magistrate, as “complaint” is defined in Section 2(d) of the CrPC has to be filed by the concerned public servant to the jurisdictional Magistrate for taking cognizance of the offence under Section 188 of the IPC. Consequently, trial of the respondents for the offence under Section 188 of the IPC on the basis police report and charge-sheet filed subsequent thereto by the State police was absolutely without jurisdiction and without authority of law. As such, it is not a fit case for grant of leave to file appeal to be granted against the respondents, as their acquittal is absolutely justified though for the reasons mentioned herein-above. Accordingly, the application for grant of leave to appeal against acquittal is refused and the petition is dismissed in limine.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
1. Proceedings of this matter have been taken-up for hearing on the question of admission through video conferencing.
2. Heard on I.A.No.1/2020, the application for condonation of delay in filing the application for leave to appeal.
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