No FIR Can Be Lodged U/S 174A IPC; Only Concerned Public Servant Can Lodge Complaint In Terms Of Section 195(1) CrPC: Allahabad HC
The Allahabad High Court observed that no FIR can be lodged by a police officer under Section 174-A, IPC.
Section 174A IPC deals with failure to appear at the specified place and the specified time as required by a proclamation published under Section 82(1) CrPC.
The Court ruled thus in a Writ Petition filed by Chintamani Sahu, seeking to quash an FIR registered under Section 174-A Indian Penal Code at Gosaiganj police station in Ayodhya district.
The bench of Justice Rajan Roy and Justice Narendra Kumar Johari noted that the Petitioner had fairly submitted, “liberty be granted for lodging of the compliant by the concerned public servant in terms of Section 195 (1) Cr.P.C.”
On behalf of the Petitioner, Advocate Pradeep Kumar Rai submitted that the offence alleged in the F.I.R., which has been lodged by Inspector is under Section 174-A I.P.C., whereas in view of the provision of Section 195 Cr.P.C., an F.I.R. could not have been lodged regarding such offence, instead a complaint in writing by the public servant concerned or of some other public servant to whom he is administratively subordinate would alone be maintainable under Section 195 (1) (a) (i).
He further relied on the judgment of the Division Bench of the Allahabad Court reported in 2024 SCC OnLine All 153, Sumit and Another and State of U.P. and Others Criminal Misc. Writ Petition No.17560 of 2023.
The Court quashed the impugned FIR. It, however, granted the liberty to the concerned public servant or the officer/ public servant administratively superior to the said public servant, as is mentioned in Section 195 Cr.P.C. to lodge a complaint, if there is a cause in law.
Accordingly, the Court allowed the Writ Petition.
Cause Title: Chintamani Sahu v. State of U.P. (Neutral Citation: 2024:AHC-LKO:26023-DB)
Appearance:
Appellant: Adv. Pradeep Kumar Rai, Adv. Lallan Rai, Adv. Prakarsh Pandey
Respondent: AGA S.P. Singh