Complaint by public servant section 195 crpc

Social Worker

 

Section 195(1) in The Code Of Criminal Procedure, 1973 says as under

 

(1) No Court shall take cognizance-

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or

(ii) of any abetment of, or attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

 

Question 1: If the concerned Public Servant is not aware of the commitment of such an offence, and a member of the Public is aware how should he make that Public Servant aware of such an offence?

 

Question 2 : Since the member of the Public cannot himself file a complaint under the above Sections can he resort to requesting the Public Servant to File a complaint?

 

Question 3 : What if the Public Servant concerned even after knowledge of the facts constituting the offence does not file a complaint?

 
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Dy Director

You query is withou fact so a specific reply cannot be givne on hypothetical and academic query


You questions are attempted as under :-

Question 1: If the concerned Public Servant is not aware of the commitment of such an offence, and a member of the Public is aware how should he make that Public Servant aware of such an offence?

 

Ans : By complaint to public servant with evidence.

Question 2 : Since the member of the Public cannot himself file a complaint under the above Sections can he resort to requesting the Public Servant to File a complaint?

  Ans ; yes

Question 3 : What if the Public Servant concerned even after knowledge of the facts constituting the offence does not file a complaint?


Ans : Wrint amndamus in High Court

 
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Social Worker

thanks Sudhirji

U have in  fact answered the queries and I have git the correct answers

I will give u the facts specifically shortly here in teh next 5 minutes

 
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Social Worker

 Sudhirji

The Facts are as under

The court issues the bailable warrants in teh name of the accused An accused in a Cheque Return case . For long the Parents mislead the Police saying that the accused is not available wheras the accused was very much in the city and also teh Residence

Since the action of the relatives in conspiracy withe acused fall withing teh perview of Sections 172, 173, 186, 187 etc the complainaint who had fied the Ch Return Comaint cannot file the complaint in view of teh Section 195

So what I meant to ask was what is teh remedy 

As you have enlightened that the complainaint of teh Ch Return case can file an application before the magistarte and request him to file the complaint! Under what section can the complainaint do that? Or will it be just a miscell application?

 
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HR assistant

Cheque return case means bounced cheque under 138 NI Act? It is a quasi criminal act and not so easy to put the defaulter in the Jail.

 
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Dy Director

It is common practice in soceity to help the accused to hide from police and relatives pleading ignarance of his whereabouts.  Police is more concerned in getting on to the accsued rather than to add No of accused though technically it is a criminal misconduct.

 

In cas of heneous crimes liketerrorism etc police does take custody of relatives of absconder.

 

You may invest available energy on enforcement of the warrant.  If necessary give applicatin to the court for action under S-82/83 of Cr PC.

 

My suggestions given in previous post (in the case of facts now revealed by you) will be time conosuming and shift the focus of S/138 for which you hav egone to court.

 
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Social Worker

Thanks U Sudhirji

I undstand eh issue of investing energy on the enforcement of waarant but I have been doing that already for teh last 7 years

It has been more than 7 years that the accused is evading serving of warrant

Complaint under Sections 172, 173, 186, 187 etc will pressurize him as his arents and Family mnembers are named as accomplices a it really does not involve investment of that much energy as I have done in trying to get the warrant served on him. Even if he is there in teh house there is no means of doing that because his is a BIG house and he has a joint family and everytime the Polics goes there they give a tutored reply that he is not there in the house

 

So u please tell me the Section of teh CrPC under which an application can be filed before the magistrate requesting him to lodge a complaint under Sections 172, 173, 186, 187 etc

 
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