Zaid Pathan and others Vs. State of M.P
Section 34 - Acts done by several persons in futherance of common intention
Section 188 - Disobedience to order duly promulgated by public servant
Madhya Pradesh High Court (Single Judge)
MCRC, 32779 of 2020, Judgment Date: Dec 22, 2020
Law laid down -
Section 195(1) Cr.P.C. is attracted at the stage of taking cognizance. 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. 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.
Zaid Pathan and others Vs. State of M.P