B.N. JOHN versus STATE OF U.P. & ANR.

B.N. JOHN versus STATE OF U.P. & ANR.

Taking cognizance under Section 186 IPC was illegal because the required written complaint by the public servant under Section 195(1) CrPC was not filed before a Judicial Magistrate (the letter was to a City/Executive Magistrate); the FIR did not disclose ingredients of Section 353 IPC (assault or criminal force) and only alleged disturbance, so cognizance and subsequent proceedings were vitiated; accordingly the Supreme Court allowed the appeal and quashed the criminal proceedings.

Parties
Appellant: B.N. John; Respondent: State of U.P. & Anr.
Jurisdiction
India
Judgment Date
01 January 2025
Procedural Posture
Criminal Appeal (criminal Appeal No. 50 of 2025) / Appeal Against Allahabad High Court Order Dated 22.09.2023 Under Section 482 Cr Pc; Judgment on Appeal 02.01.2025
Outcome
Appeal allowed
Legal Topics
Section 353 IPC, Section 186 IPC, Section 155 Cr PC, Section 195 Cr PC, Cognizable Offence, Non Cognizable Offence, Quashing of Criminal Proceedings, Judicial Vs Executive Magistrate
Criminal Law Criminal Procedure Section 353 IPC Section 186 IPC Section 155 Cr PC Section 195 Cr PC Cognizable Offence Non Cognizable Offence +2 more

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Parties

B.N. John

Appellant

State of U.P. & Anr.

Respondent

Procedural Posture

Criminal Appeal (criminal Appeal No. 50 of 2025) / Appeal Against Allahabad High Court Order Dated 22.09.2023 Under Section 482 Cr Pc; Judgment on Appeal 02.01.2025

Legal Issues

  1. 1 Whether cognizance under Section 186 IPC can be taken without a written complaint by a public servant as required by Section 195(1) CrPC
  2. 2 Whether the FIR disclosed ingredients of offence under Section 353 IPC (assault or criminal force) or only obstruction under Section 186 IPC
  3. 3 Whether police could investigate the matter as a cognizable offence or were barred under Section 155(2) CrPC without magistrate's order

Ratio Decidendi

Taking cognizance under Section 186 IPC was illegal because the required written complaint by the public servant under Section 195(1) CrPC was not filed before a Judicial Magistrate (the letter was to a City/Executive Magistrate); the FIR did not disclose ingredients of Section 353 IPC (assault or criminal force) and only alleged disturbance, so cognizance and subsequent proceedings were vitiated; accordingly the Supreme Court allowed the appeal and quashed the criminal proceedings.

Court Disposition

Appeal allowed

Orders

  • Quash Case No. 9790 of 2015 arising out of Case Crime No. 290 of 2015 under Sections 353 and 186 of the IPC at P.S. Cantt, District Varanasi, pending before the Court of the Chief Judicial Magistrate, Varanasi
  • Set aside the impugned order dated 22.09.2023 passed by the Allahabad High Court in Application Under Section 482 No. 35311 of 2023