In Cr.MMO No.112 of 2022-HP HC- Police could not have registered FIR u/s 174-A IPC as accused could be prosecuted for such offence only on basis of complaint which was to be filed in accordance with Sec.195(1) CrPC: Himachal Pradesh HC
Justice Satyen Vaidya [09-05-2023]

Read Order: Rahul Huddone v. State of H.P 

Tulip Kanth

Shimla, May 12, 2023: The Himachal Pradesh High Court has quashed two FIRs after noting that the procedure for filing complaint as provided in section 195 CrPC was not followed when the accused was booked for commission of offence under Section 174-A of the IPC.

Referring to section 195 CrPC, the Single-Judge Bench of Justice Satyen Vaidya said, “Thus, there is clear mandate of law that no court shall take cognizance except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in this behalf or some other Court to which that Court is subordinate in case allegations are with respect to the commission of offences under Sections 172 to 188 (both inclusive) of the IPC.”

The Petitioner herein was an accused in two separate complaints filed against him by the complainants and he was declared as a proclaimed offender in both the complaints. When the Petitioner approached the High Court, he was allowed to furnish bail bonds. The Trial Court accepted the bonds, however, directions were issued to SHO to register a separate case under Section 174-A of the IPC against the petitioner. Thus, another FIR came to be registered.

The petitioner had approached the High Court seeking quashing of these FIRs.

The Status reports filed on behalf of the respondent-State in both the petitions clarified that in both the FIRs, after completion of investigation, reports under Sections 173(2) of the Code of Criminal Procedure had been submitted.

Noting that cases against the petitioner had been registered under Section 174 -A of the IPC and such offence clearly fell within the scope of Section 195(1)(a)(i), the Bench said, “ It is trite law that where the law bars any court from taking cognizance of the offence except on a complaint filed in particular manner, such court is precluded from taking cognizance in any other manner.”

Thus, the Bench was of the view that  the police could not have registered the FIR for offence under Section 174-A of the IPC and the petitioner could have been prosecuted for such offence only on the basis of complaint to be filed in accordance with the provisions of Section 195(1) of the CrPC.

Since, no such procedure was adopted, the Bench held that FIRs in question couldnot withstand the scrutiny of law and the further proceedings, i.e. investigation and filing of reports under Section 173(2) of the CrPC would also be rendered infructuous being in violation of law. 

Similarly, the cognizance or any further proceedings taken by the learned Magistrate concerned on the basis of reports submitted under Section 173(2) of the CrPC also cannot continue being without jurisdiction, the Bench held while allowing the petitions and quashing the FIRs along with all criminal proceedings arising therefrom.