Mandatory Bar of Section 195 CrPC Cannot Be Evaded by Splitting Offences: Gujarat HC

The Gujarat High Court quashed an FIR against a man accused of obstructing a police officer, holding that the mandatory bar under Section 195 of the Code of Criminal Procedure, 1973, precluded such prosecution and safeguarded against abuse of the law by public servants. The Court emphasized that when distinct offences form part of the same transaction as those requiring a written complaint by a public servant, the entire prosecution is barred without such a formal complaint.

Justice Vimal K. Vyas, presiding as a single-judge bench, heard the application filed by the petitioner in person. The Court was tasked with determining whether a police officer could register a regular FIR for offences involving the obstruction of a public servant, which typically requires a written complaint to a Magistrate under the Code of Criminal Procedure, 1973.

The Mandatory Bar of Section 195

The Court observed that for offences punishable under Sections 172 to 188 of the Indian Penal Code, the court cannot take cognizance except on the complaint in writing of the public servant concerned. The Court, in its reasoning, observed: "A bare perusal of Section 195 of the Code of Criminal Procedure, makes it abundantly clear that for any offence punishable under Sections 172 to 188 of the Indian Penal Code, the court cannot take cognizance, except on the complaint in writing of the public servant concerned."

Addressing the State's argument that the petitioner also committed an offence under Section 189 of the Indian Penal Code (which is not explicitly listed in Section 195(1)(a)(i) of the Code of Criminal Procedure, 1973), the Court relied on the Supreme Court's decision in Devendra Kumar vs. State (NCT of Delhi) and another. The Court noted that if an offence essentially falls within the category requiring a written complaint, the prosecution cannot split the charges to proceed with other distinct offences arising from the same set of facts.

Principles of Inseparable Transactions

The High Court reiterated that when multiple acts form part of the same transaction, they cannot be artificially separated to circumvent the protection afforded by Section 195. Relying on Ramji Bhikha Koli and others vs. State of Gujarat ( "1999 CriLJ 1244": 1998 CaseBase(GUJ) 19) and Mohammadfirdosh Ismailbhai Khilji vs. State of Gujarat and others, the Court held that since the allegations under Section 186 and Section 189 were intrinsically connected, the bar applied to both.

The Court has the following directions:

"The First Information Report bearing No.11196008210285 dated 10.05.2021 registered at the J.P. Road Police Station, for the offences punishable under Sections 186 and 189 of the Indian Penal Code, is hereby ordered to be quashed and set-aside. All consequential proceedings arising pursuant thereto also stand terminated."

Background:

The dispute originated from applications filed by the petitioner's wife alleging harassment and domestic violence. The complainant, a Police Sub-Inspector (PSI), alleged that when the petitioner and his father were called to the police station for recording statements, the petitioner misbehaved and refused to cooperate, leading to the registration of an FIR under Sections 186 and 189 of the Indian Penal Code. The petitioner argued that the FIR was baseless and legally untenable due to Section 195 of the Code of Criminal Procedure, 1973. The Court agreed, noting that the police had failed to file a private complaint before a Magistrate as required by law, and instead proceeded with a standard FIR, which amounted to an abuse of the process of law.

Case Details:
Case No.: R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5070 of 2021
NeutralCitation: 2026:GUJHC:37051
Case Title: ABHISHEK KUMAR MISHRA Versus SHIVRAJ JASANI (S S JASANI) & ANR.
Appearances:
For the Petitioner(s): PARTY IN PERSON
For the Respondent(s): MR TIRTHRAJ PANDYA, APP

Source: 2026 CaseBase(GUJ) 290