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2019 DIGILAW 341 (RAJ)

Manoj Garg v. State of Rajasthan

2019-01-30

KANWALJIT SINGH AHLUWALIA

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ORDER : Kanwaljit Singh Ahluwalia, J. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 365/2018 registered at Police Station Sarmathura, Dholpur for the offences under Sections 171-H and 188 IPC. 2. The case of the prosecution is that the petitioners on 30.10.2018 had taken out a bike rally without taking permission from the returning officer/concerned authority and thus committed breach of election code of conduct. 3. Learned counsel for the petitioners has submitted that the offence under Section 171-H IPC is non-cognizable offence and only complaint can be filed in writing. Learned counsel for the petitioners has submitted that so far offence under Section 188 IPC is concerned, in view of bar under Section 195 Cr.P.C, same cannot be made subject matter of FIR and only complaint in writing is to be filed by the public servant. 4. Learned Public Prosecutor has very fairly submitted that in the present case only FIR has been registered. 5. I find merit in the arguments advanced by the learned counsel for the petitioners. 6. Since offence under Section 171-H IPC is non-cognizable and qua offence under Section 188 IPC in view of bar under Section 195 Cr.P.C. only complaint in writing can be filed by the public servant, the impugned FIR is quashed. However, liberty is granted to the returning officer or concerned public servant to file complaint in writing, if so advised.