ORDER : (Krishna S. Dixit, J.) This Petition seeks quashment of FIR in Crime No.222/2018 of Kamakshipalya Police Station, Bengaluru. The FIR alleges offences punishable under Sections 3 & 7 of the Essential Commodities Act, 1955, Section 123(A) of the Representation of People Act, 1951 and Sections 188 & 171E of the IPC, 1860. 2. learned Sr. Advocate appearing for the Petitioner argues that no search & investigation can be undertaken by the Police for the offences punishable under Sections 3 & 7 of the EC Act, in the absence of a complaint filed by the competent authority as provided under Paragraph No.16 of Karnataka Essential Commodities Public Distribution System (Control) Order; in respect of electoral offences punishable under Sections 171E & 188 of IPC, unless the bar enacted in Section 195 of Cr.P.C. 1973 is jumped, the Police have no role; lastly, the allegations as to the violation of Section 123A of 1951 Act is concerned, they are ridiculous since no offence is enacted there. Learned Addl. SPP appearing for the Respondents opposed the Petition making submission in justification of the impugned proceedings. 3. Having heard the learned counsel for the parties and having perused the Petition papers, this Court is broadly in agreement with the submissions made on behalf of the Petitioner. Firstly, the complaint in respect of EC Act is not lodged by the competent authority. Learned counsel is right in saying that even for undertaking search & seizure, the sanction of the authority is a must. This apart, Section 11 bars taking of cognizance of any offence punishable under the provisions of the Act except on a report of the particular public servant. 4. Learned Sr. Counsel appearing for the Petitioner is also right in contending that no prosecution lies for the electoral offences punishable under Sections 171E & 188 of IPC of IPC unless the requirement of Section 195 of Cr.P.C. is satisfied. It is notable that Section 171E prescribes a punishment of one year imprisonment, or with fine or with both. Similarly, Section 188 prescribes a punishment of one month imprisonment or Rs. 2,000/- as fine, or both. Thus, they are non-cognizable offences. Therefore, the Trial Court could not have taken cognizance of the said offences except on the complaint in writing of the public servant concerned.
Similarly, Section 188 prescribes a punishment of one month imprisonment or Rs. 2,000/- as fine, or both. Thus, they are non-cognizable offences. Therefore, the Trial Court could not have taken cognizance of the said offences except on the complaint in writing of the public servant concerned. The Chargesheet filed by the Police after investigation in its present form & substance cannot be construed as the "complaint in writing of the public servant". In the above circumstances, this Petition succeeds; the proceedings in C C No.30791/2021 pending on the file of learned Vth ACMM, Bengaluru and registration of Crime No. 222/2018 of Kamakshipalya Police Station, Bengaluru, are hereby quashed, so far as the Petitioner is concerned.