Simplified Explanation of the Judgment
The Patna High Court quashed an FIR filed against a school administrator (the petitioner) in a case concerning obstruction of an 11 KV electric transmission line. The FIR was registered under Sections 353 and 188 of the Indian Penal Code (IPC), but the Court found that neither of these charges was legally sustainable.
The case arose from a complaint lodged by a Junior Electrical Engineer alleging that the petitioner, who runs a private school, had constructed part of a building that extended above a live 11 KV transmission line. The report expressed safety concerns, suggesting the structure posed a threat to the functioning of the electricity line and public safety.
However, the petitioner approached the High Court seeking to quash the FIR, arguing that none of the allegations constituted a cognizable offence, and that the necessary legal conditions for prosecuting under Sections 353 and 188 IPC were absent.
The Court examined Section 353 IPC, which pertains to assault or use of criminal force to deter a public servant from discharging duties. The Court found that the FIR did not allege any assault or use of force by the petitioner. Therefore, the basic requirements of this section were not met.
As for Section 188 IPC, which deals with disobedience to an order lawfully promulgated by a public servant, the Court held that there was no mention of any such order in the FIR. Moreover, under Section 195(1)(a) of the Criminal Procedure Code (CrPC), a prosecution under Section 188 IPC cannot be initiated unless there is a written complaint by the public servant concerned. In this case, no such complaint existed.
The Court held that even if all the facts stated in the FIR were assumed true, the legal ingredients required to constitute a cognizable offence were missing. Consequently, it ruled that the police had no authority to register the case or proceed with an investigation.
Thus, the FIR (Chanpatiya P.S. Case No. 37 of 2019) was quashed, and the writ application allowed.
Significance or Implication of the Judgment
This judgment reinforces the legal safeguard that not every factual allegation can give rise to criminal prosecution. The Court underlined that police cannot register FIRs under Sections 188 or 353 IPC unless specific legal criteria are met.
For citizens, this decision provides protection against frivolous or technically invalid prosecutions—especially where there is no physical force or disobedience of a lawful order. For public authorities, the ruling serves as a reminder to follow proper legal procedure, particularly when invoking Section 188 IPC, which requires a formal complaint by the public servant.
This case also illustrates the role of the judiciary in safeguarding individuals from misuse of criminal law in regulatory or administrative matters.
Legal Issue(s) Decided and the Court’s Decision
- Can an FIR be registered under Section 353 IPC without allegations of assault or use of criminal force?
➤ No. The Court held that mere obstruction or concern about a building is not sufficient without an act of assault. - Is a formal complaint necessary for prosecution under Section 188 IPC?
➤ Yes. As per Section 195(1)(a) CrPC, prosecution under Section 188 IPC must be based on a written complaint by a public servant. - Was there any cognizable offence made out in the FIR?
➤ No. The Court found that neither Section 353 nor 188 IPC was applicable based on the facts alleged. - Did the police have authority to investigate in this case?
➤ No. In the absence of a cognizable offence, police could not legally register the FIR or proceed with investigation.
Case Title
Md. Jamal Akhtar vs. The State of Bihar & Ors.
Case Number
CR. WJC No. 1199 of 2019
Citation(s)
2020 (1) PLJR 203
Coram and Names of Judges
Hon’ble Mr. Justice Ashwani Kumar Singh
Names of Advocates and who they appeared for
Mr. Bimlesh Kumar Pandey – For the Petitioner
(No appearance for respondents)
Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/MTYjMTE5OSMyMDE5IzEjTg==-PacCPER5QGw=
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