S. 195 CrPC Doesn’t Bar Registration Of FIR For An Offence Under S. 188 IPC By Police: Madhya Pradesh High Court

first_imgNews UpdatesS. 195 CrPC Doesn’t Bar Registration Of FIR For An Offence Under S. 188 IPC By Police: Madhya Pradesh High Court Sparsh Upadhyay6 Jan 2021 2:46 AMShare This – xThe Madhya Pradesh High Court last month held that there is no bar under Section 195 of the Cr.P.C. in respect of registration of FIR, therefore, FIR for an offence under Section 188 of the IPC could be very well registered by the Police. Holding thus, the bench of Justice Prakash Shrivastava refused to quash an FIR registered against 10 petitioners-accused who had allegedly staged…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Madhya Pradesh High Court last month held that there is no bar under Section 195 of the Cr.P.C. in respect of registration of FIR, therefore, FIR for an offence under Section 188 of the IPC could be very well registered by the Police. Holding thus, the bench of Justice Prakash Shrivastava refused to quash an FIR registered against 10 petitioners-accused who had allegedly staged a demonstration against CAA and NRC. The matter before the Court Allegedly, they staged a demonstration without giving any intimation or taking prior permission from the competent authority, whereas the District Magistrate in order to maintain peace and tranquility had issued an order prohibiting any demonstration, procession, public meeting etc. in any place without permission. It was further alleged that in addition to the petitioners, there were other 200 persons who had violated the order of the District Magistrate and, therefore, committed the offence under Section 188 of the IPC. Submissions put forth The submission of counsel for the petitioners was that in terms of Section 195(1)(a)(i) there is a bar for taking cognizance of offence under Section 188 of the IPC and for that purpose a complaint under Section 200 of the Cr.P.C. is required to be filed and FIR cannot be registered. It was further submitted that for registering the FIR obstruction, annoyance, injury or threat to life and safety is necessary and that the order of the District Magistrate was not communicated to the petitioners. It was also submitted that the right of demonstration is a fundamental right. On the other hand, the Counsel for the State opposed the petition and submitted that there is no bar under Section 195 of the Cr.P.C. in registering the FIR for offence under Section 188 of the IPC and the bar under Section 195 comes into operation at the stage of taking cognizance. He further submitted that the offence under Section 188 of the IPC is a cognizable offence and in the State of M.P. it is a non bailable offence, therefore, the police officer is competent to register the FIR. Court’s Observations The Court observed that under the Cr.P.C. the offence under Section 188 of the IPC is cognizable and bailable; however, the Court noted that by virtue of the local amendment made by the State of M.P. vide Notification dated 19th November 1975 the said offence is made non bailable. The Court also said that a bare reading of Section 195(1) Cr.P.C. reveals that the provisions contained in the sub-section are attracted at the stage of taking cognizance. Importantly, the Court said, “There is no bar under Section 195 of the Cr.P.C. in respect of registration of FIR, therefore, FIR for an offence under Section 188 of the IPC can be registered by the police and after investigation on the basis of the FIR and the material collected during the course of investigation, a competent public servant can file the complaint before the concerned court.” Further, the Court remarked, “What is barred under Section 195 of the Cr.P.C. is that after investigating the offence under Section 188 of the IPC, the police officer cannot file a final report in the Court and the Court cannot take cognizance on that final report, as at that stage the bar contained in Section 195 of the Cr.P.C. comes into operation.” Citing the ruling of the Apex Court in the cases of State of Punjab Vs Raj Singh and Another 1998 (2) SCC 391 & M. Narayandas Vs. State of Karnataka and others reported in 2003(11) SCC 251 the Court came to the conclusion that by virtue of the provisions contained in Section 195(1)(a) of the Cr.P.C. the power of the police to register the FIR for offences mentioned therein is not curtailed but what is curtailed is the jurisdiction of the Court to take cognizance of these offences without there being complaint in writing of the concerned public servant. Significantly, the Court observed that the Bombay High Court in the case of Shrinath Gangadhar Giram vs The State Of Maharashtra and Madras High Court in the case of Jeevanandham v. State & Shamsul Huda Bakavi v. State, while taking the contrary view “have failed to take note of the law which has been laid down by the Hon’ble Supreme Court.” Accordingly, the Court held that no case was made out for quashing the FIR registered against the petitioners for offence under Section 188 of the IPC on the ground that the police does not have power to register the FIR for that offence. Recently, the High Court of Chhattisgarh has held that the police cannot register an FIR for the offence under Section 188 of the Indian Penal Code. Case title – Zaid Pathan and others v. State of M.P [MCRC No.32779/2020] along with connected applications Click Here To Download OrderRead OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Disappointment as Gortahork unsuccessful in retaining postal services

first_img Facebook Disappointment as Gortahork unsuccessful in retaining postal services By News Highland – November 2, 2018 Twitter WhatsApp Pinterest AudioHomepage BannerNews Google+ Twitter Previous articleIt’s the moment of truth for Finn Harps as they face Limerick tonightNext articleMet Éireann issues weather warning for Donegal News Highland Journey home will be easier – Paul Hegarty DL Debate – 24/05/21 center_img Pinterest Harps come back to win in Waterford WhatsApp An Post has confirmed that the closure of Gortahork Post Office will not be reversed after a bid to retain services in the area has been deemed unsuccessful.It’s understood that the appeal lodged by the community has been rejected by the Government appointed appeals process for Post Office closures.This is despite a major public campaign in a bid to retain services locally.Cathaoirleach of Donegal County Council Cllr Seamus O’Domhnaill says the community are devastated:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2018/11/seavghgfhgfhgfmgortahork.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Derry draw with Pats: Higgins & Thomson Reaction Facebook RELATED ARTICLESMORE FROM AUTHOR FT Report: Derry City 2 St Pats 2 Google+ News, Sport and Obituaries on Monday May 24thlast_img read more

Work progressing on Fintra Bridge

first_img Facebook AudioHomepage BannerNews Facebook By News Highland – October 10, 2018 WhatsApp Google+ WhatsApp FT Report: Derry City 2 St Pats 2 News, Sport and Obituaries on Monday May 24th Derry draw with Pats: Higgins & Thomson Reaction Google+ Twittercenter_img Pinterest DL Debate – 24/05/21 Twitter RELATED ARTICLESMORE FROM AUTHOR Harps come back to win in Waterford Work progressing on Fintra Bridge Pinterest Further progress is being made on the new Fintra Bridge with three design options presented at a workshop this week. When completed, it will link the South Donegal area to the Glencolmcille area and has been described as another vital infrastructural link for both residents and tourists alike.The proposed designs are currently being discussed by Council Officials and Engineers and they are to meet with local land owners before it goes to public consultation.Local Cllr Michael Naughten says its a crucial project and hopes that it will move quickly:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2018/10/naughtenfintra.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Previous articleVAT increase hospitality sector going to hit Donegal hard – CopeNext articleShort Stay Ward at LUH to reopen – Mc Hugh News Highland Important message for people attending LUH’s INR cliniclast_img read more

Buttigieg endorses Biden prior to Super Tuesday elections

first_imgFormer South Bend Mayor Pete Buttigieg endorsed former Vice President Joe Biden before a rally in Dallas on Monday night. Buttigieg ended his bid for the presidency Sunday.“When I ran for president, we made it clear that the entire idea was about rallying the country together to defeat Donald Trump and to win the era for the values that we share,” Buttigieg said in his endorsement speech. “That was always a goal that was much bigger than me becoming president, and it is in the name of that very same goal that I am delighted to endorse and support Joe Biden for president.”Buttigieg officially ended his presidential campaign on Sunday evening with an announcement at the Century Center in South Bend. During the speech, he declined to endorse a candidate. The endorsement in Dallas comes just one day later, after Senator Amy Klobuchar also left the presidential race. Klobuchar has also offered her endorsement to Biden.Buttigieg dropped his candidacy ahead of Super Tuesday on March 3, when 14 states will hold their Democratic primary elections. Buttigieg won the Iowa caucuses earlier this month, and came in a close second to Senator Bernie Sanders in the New Hampshire primary less than a week later. But, he received 14.3% of the vote in the Nevada caucuses and only 8.2% of the vote in Saturday’s South Carolina primary, behind Biden, Sanders and billionaire Tom Steyer.Buttigieg was the mayor of South Bend from 2012 to 2020. Mayor James Mueller took office Jan. 1 of this year.Tags: 2020 presidential election, Joe Biden, Pete Buttigieglast_img read more

Woodruff Lecture

first_imgFood science and food safety have become hot topics in recent years. David Lineback, a food scientist and carbohydrate chemist at the University of Maryland, will speak on both at the annual J.G. Woodruff Lecture on April 8 in Athens.His talk on “Food Science and Food Safety—Present and Future Perspectives” will be held at 2 p.m. in Masters Hall at UGA’s Georgia Center in Athens, Ga. A reception will follow at 3 p.m.Lineback is a senior fellow and retired director of the Joint Institute for Food Safety and Applied Nutrition at the University of Maryland at College Park. Before going to Maryland, he was dean of the University of Idaho College of Agriculture. He has also served as head of the food science departments at North Carolina State University and Pennsylvania State University.Currently, he chairs the scientific advisory panel of the American Association of Cereal Chemists.Each year, a researcher, educator, industry or policy official is invited to lecture in the honor of the late J.G. Woodroof, who was a pioneer in food science research.Woodroof began his food science research in 1929. He organized the food science department at the Georgia Experiment Station in Griffin around 1940. Today, the UGA College of Agricultural and Environmental Sciences’ food science department and UGA Center for Food Safety are among the preeminent food science research centers in the country.For more information about the lecture, call (706) 542-2286.last_img read more