Crl. Misc. No. M-13004 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-13004 of 2008 Date of Decision : July 09, 2009 Sarabjit Singh .... Petitioner Vs. State of Punjab and another .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Shiv Raj Angi, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab for respondent no.1. Mr. Rajinder Goyal, Advocate for respondent no.2. * * * L. N. MITTAL, J. (Oral) : Sarabjit Singh has filed the instant petition under Section 482 of the Code of Criminal Procedure (in short - Cr.P.C.) for quashing of FIR No.50 dated 08.05.2008, under Section 188 of the Indian Penal Code (in short – IPC), registered at Police Station Sangat, District Bathinda (Annexure P-1). Respondent no.2, also named as Sarabjit Singh, lodged the FIR alleging that the petitioner, a candidate in Zila Parishad elections, was violating code of conduct by taking out a big rally consisting of about 67 vehicles without any permission. Learned counsel for the petitioner contends that in view of Crl. Misc. No. M-13004 of 2008 2 Section 195 (1) (a) Cr. P.C., cognizance of offence under Section 188 IPC cannot be taken by any Court, except on complaint in writing of the public servant concerned or of his superior public servant. Learned State counsel, after seeking instructions from Head Constable Malkeet Singh, states that police has presented challan in the case in the Court of Illaqa Magistrate on 08.10.2008, but no complaint by public servant concerned or his superior has been instituted. Consequently, cognizance of the case cannot be taken on police report/challan in view of specific bar under Section 195 (1) (a) Cr.P.C. Learned counsel for the complainant-respondent submits that respondent no.2 was not aware of the filing of the challan by the police and now, respondent no.2 would file complaint. However, cognizance of offence under Section 188 IPC cannot be taken on complaint instituted by respondent no.2, but can be taken only on complaint in writing made by the public servant concerned or his superior. In addition to it, the complaint now instituted would be barred by limitation, as provided by Section 468 Cr.P.C. Offence under Section 188 IPC is punishable with simple imprisonment for one month or in some circumstances, imprisonment for six months or fine or both. As per Section 468 (2) (b) Cr.P.C., limitation period for taking cognizance for an offence punishable with imprisonment not exceeding one year is only one year. In the instant case, the alleged offence was committed on 08.05.2008 and period of one year since then has already lapsed. Consequently, any complaint instituted hereafter would be time barred. In view of the aforesaid, the instant petition is allowed and FIR No.50 dated 08.05.2008, under Section 188 IPC, registered at Police Station Sangat, District Bathinda (Annexure P-1) is quashed along with all consequential proceedings arising therefrom. July 09, 2009 ( L. N. MITTAL ) monika JUDGE