Registration Of FIR In Special Act is Allowed , Magistrate will Take Cognizabnce Only After Authorise Officer Report.
POLICE WILL REGISTER FIR AND INVESTIGATE. REPORT WILL BE SUBMITTED TO MAGISTRATE AND AUTHORISE OFFICER OF SPECIAL ACT. OFFICER WILL SEND CONSENT TO MAGISTRATE AND THEN MAGISTRATE WILL TAKE COGNIZANCE
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE BEFORE HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH ON THE 28th OF JUNE, 2022 MISC. CRIMINAL CASE No. 32126 of 2022 Between:- RAMESH MENDOLA S/O SHRI CHINTAMANI MENDOLA OCCUPATION: SOCIAL SERVICE 367/7, NANDA NAGAR, INDORE. (MADHYA PRADESH) .....PETITIONER (BY SHRI V.K. JAIN, SENIOR COUNSEL WITH MS. VAISHALI JAIN) AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH THROUGH POLICE STATION SANWER. INDORE (MADHYA PRADESH) .....RESPONDENTS (BY SHRI R.S. BAIS, GOVT. ADVOCATE) Reserved On : 04/07/2022
Section 195(1) of Cr.P.C. only says that no Court shall take cognizance of any offence punishable under Sections 172 to 188 of IPC except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. There is nothing in the said provision which debars registration of FIR. It has nowhere stated that the aforesaid written complaint should be filed before the Court.