Murugan vs State of Kerala

P. Ubaid, J.—The petitioner herein seeks an order u/s 482 Cr.P.C., quashing the prosecution against him in C.C. No. 2526/2012 before the Judicial First Class Magistrate Court No. 1, Kochi u/s 188 IPC. This is a case where the police submitted final report u/s 188 IPC, after investigation on a complaint made by the Revenue Divisional Officer, Fort Kochi. This is a case where only the offence punishable u/s 188 IPC is alleged in the final report submitted by the police. This prosecution is barred Section 195 Cr.P.C. Section 195(1) Cr.P.C. provides that no Court shall take cognizance of any offence punishable under Sections 172 to 188 (both inclusive) of the Indian Penal Code except on the complaint in writing of the public servant concerned, or of some other public servant to whom he is administratively subordinate. What is alleged in this case is violation of the order of the Revenue Divisional Officer by the petitioner herein. If the said violation amounts to an offence punishable u/s 188 IPC, the Revenue Divisional Officer will have to file complaint before the Trial Court. I find that the prosecution is legally unsustainable, and is liable to be quashed.

In the result, this petition is allowed. The prosecution against the petitioner herein pending as C.C. No. 2526/2012 before the Judicial First Class Magistrate I, Kochi is quashed u/s 482 Cr.P.C. The petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.