JUDGMENT Mr. R.P. Nagrath, J. (Oral):- Reply has been filed by the State. 2. The instant petition has been filed for quashing FIR No.230 dated 18.10.2012 for offence under Section 188 IPC, Police Station Sadar Dhuri, District Sangrur and the subsequent proceedings. 3. The promulgation was made by District Magistrate on 13.10.2012 under Section 144 Cr.P.C. prohibiting gathering of five or more than five persons, raising slogans, carrying arms of different kinds at public place excepting police/security persons who have been issued weapons for the discharge of their duties. 4. Petitioners were allegedly found travelling in a vehicle carrying certain arms. Therefore, the instant FIR No.230 dated 18.10.2012 for offence under Section 188 IPC was registered at Police Station Sadar Dhuri, District Sangrur. 5. After hearing learned counsel for the petitioners and learned State counsel, I am of the considered view that FIR for the offence under Section 188 IPC cannot be quashed as the offence under Section 188 IPC is cognizable for which the police was bound to register FIR for which promulgation was issued by the District Magistrate. 6. It is, however, not disputed by learned State counsel that after investigation of the case, challan was presented by Station House Officer of Police Station Dhuri and cognizance of the offence on the basis of police report without any complaint being made by District Magistrate. That is not permissible in terms of Section 195 Cr.P.C. Section 195 (1) Cr.P.C. says that no Court shall take cognizance of any offence punishable under Sections 172 to 188 (both inclusive) of the Indian Penal Code, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. 7. Except for issuing of promulgation, complaint in writing to the Court where challan was presented, was not made by District Magistrate or a public servant to whom the District Magistrate is administratively subordinate. So the cognizance could not be taken by the learned Magistrate without such a complaint. 8. In view of the above, the taking of cognizance of offence on the basis of challan and framing of charge and consequent proceedings initiated against the petitioners for offence under Section 188 Cr.P.C. is quashed with liberty to the State authorities to file complaint in terms of Section 195 Cr.P.C., may be by attaching the investigating report. 9. 8. In view of the above, the taking of cognizance of offence on the basis of challan and framing of charge and consequent proceedings initiated against the petitioners for offence under Section 188 Cr.P.C. is quashed with liberty to the State authorities to file complaint in terms of Section 195 Cr.P.C., may be by attaching the investigating report. 9. The instant petition is disposed of in the above terms. ---------0.B.S.0------------