Cognizance of Section 188 offence of IPC cannot be taken on the basis of police report

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

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