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B. N. John vs. State of U. P. & Anr. (SC)

52.00 5.20

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Penal Code, 1860–Secs. 186 & 353 [Corresponding Secs. 221 & 132 of BNS, 2023]–Prayer for quashing the FIR–No complaint was filed u/s. 195(1) Cr.P.C. before the Judicial Magistrate–Written complaint filed by the District Probation Officer was to an Executive Magistrate, hence that was not valid and police was not empowered to investigate the offence u/s. 186–Further, the vital facts which can constitute the offence u/s. 353 were not mentioned in the FIR–FIR is liable to be quashed.