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Sec 195 (2) crpc vis a vis sec 2i7 ipc

(Querist) 04 October 2015 This query is : Resolved 
1. I am a public servant approaching this forum for the expert advice. By virtue of being public servant, Iam contemplating of lodging a complaint under the provisions of section 195(1) (a) CRPC for an offence of section 187 IPC against somebody[Omission to assist public servant when bound by law to give assistance].
2. However provisions of section 195(2) CRPC mention, quote “Where a complaint has been made by a public servant underclause(a) of sub-section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court ; and upon its receipt by the Court, no further proceedings shall be taken on the complaint.�unquote.
3. The possibility that the person against whom the complaint is being contemplated may use some kind of influence whereby the authorities to whom I am administratively subordinate may order the withdrawal of the complaint. Such a possibility cannot be ruled out.
4. As such, the whole aim of bringing the guilty to book for contempt of lawful authority of the public servant gets defeated by such a parallel provision in the legislation by virtue of section 195(2) CRPC.
5. Don't you think that the authorities to whom I am administratively subordinate, if at all order withdrawal of complaint,would, by ordering the withdrawal of such complaint tantamount to committing of an offence under section 217 of IPC[Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture].
6. May I request the experts to suggest some way out in such a situation so that the guilty is brought to the book.
SAINATH DEVALLA (Expert) 05 October 2015
Mr Rajesh,
U are right in UR analysis of the entire complaint and the archiac implications of section 195(2)crpc.

Answer to UR 5th para: Yes it is a viiolatiion of section 217 ipc.But once U complain against UR superiors can U withstand the aftermath.
Rajesh Tandon (Querist) 08 October 2015
Yes u r right. The for having patience to read d post. Any way any thing if u can suggest, do let me know. Regards.


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