DEVENDRA KUMAR versus THE STATE (NCT OF DELHI) & ANR.
The court held that the acts alleged prima facie amounted to obstruction under Section 186 I.P.C. (obstruction is not limited to physical force), and that the complaint lodged by the Administrative Civil Judge did not suffer legal infirmity; however, the Chief Metropolitan Magistrate should have taken cognizance and issued process rather than directing police investigation under Section 156(3) Cr.P.C. The court clarified that Section 195(1)(a)(i) Cr.P.C. bars judicial cognizance of offences listed therein unless a written complaint by the public servant or his administrative superior exists,…
Source excerpt
- Section 195 cr.p.c.
- Section 186 i.p.c.
- Section 341 i.p.c.
- Obstruction in discharge of public functions
- Private complaint
- Fir registration