#crpc procedure

Allahabad HC reaffirms that offences under Sections 171H and 188 IPC cannot be taken cognizance of without a prior complaint by the public servant concerned, as mandated by Section 195 CrPC. The ruling invalidates direct cognizance by magistrates, reinforcing procedural safeguards against frivolous election-related prosecutions.

The Punjab & Haryana High Court ruled that once a Magistrate takes cognizance of a private complaint under Chapter XV CrPC, the power under Section 156(3) to direct police investigation cannot be invoked. The decision underscores the procedural finality of cognizance and restricts judicial discretion to pre-cognizance stages, impacting how private complaints are adjudicated.