ORDER 28.07.2008 — Heard Mr. J. R. Dash, learned counsel for the petitioners and Mr. Mishra, learned counsel for the Caveator-opp.party as well as learned counsel for the State. 2. In this application under Section 482 Cr.P.C., the petitioners have challenged the order dated 28.6.2004 passed in G.R. Case No.1182 of 2003 by which the learned S.D.J.M., Jajpur took cognizance of the offence under Section 188 I.P.C. against the petitioners. 3. Mr. Dash, learned counsel for the petitioners vehement¬ly argued that in view of Section 195 of the Code of Criminal Procedure, learned Magistrate had no jurisdiction to take cogni¬zance of the offence under Section 188 I.P.C. The relevant por¬tion of Section 195 Cr.P.C. is quoted hereunder. “195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence - (1) No Court shall take cognizance- (a) (i) (to (iii) and (b) (i) to (iii) xxx xxx Except on the complaint in writing of that Court by such officer or the Court as that Court may authorize in writing in this behalf, or of some other Court to which that Court is subor¬dinate. Xxx xxx xxx” 4. A bare reading of the aforesaid section clearly shows that the initiation of the proceeding as a police case is itself contrary to the aforesaid section 195 Cr.P.C. inasmuch as the said section creates a total bar with regard to taking cognizance of the offence under Section 188 IPC subject to the exception. This case admittedly having been initiated as a police case on F.I.R. being lodged, does not come under the exception to Section 195 Cr.P.C. 5. In view of the above, the order taking cognizance impugned in this petition is quashed and consequently, the pro¬ceeding in G.R. Case No.1182 of 2003 is quashed in its entirety. The CRLMC is accordingly allowed. Urgent certified copy of this order be granted as per rules. CRLMC allowed.