Topic
Allahabad HC rules that cognizance for offences under Section 188 IPC cannot be taken on a police report alone; a written complaint by the concerned public servant is mandatory. The decision reinforces procedural safeguards under Section 195 CrPC, impacting prosecution of public order offences.
Allahabad High Court reaffirms that a Magistrate cannot take cognizance of an offence under Section 182 CrPC without a formal police report, as mandated by Section 195 CrPC. The ruling underscores procedural compliance, barring direct initiation of proceedings for false complaints unless the police submit a report.
Calcutta High Court rules that cognizance under Section 188 IPC cannot be taken on a police report alone-mandatory written complaint by the public servant is essential. The judgment quashes proceedings initiated without compliance with CrPC 195(1)(a), reinforcing Sharif Ahmed standards and curbing arbitrary police action in contempt-related offenses.