Code of Criminal Procedure, 1973–Sec. 195(1)(a)(i) [Corresponding Sec. 215(1)(a)(i) of BNSS, 2023]–Severance of distinct offences is not permissible when it would effectively circumvent the protection offorded by Sec. 195(1)(a)(i) of the Cr.P.C. which requires a complaint by a public servant for certain offences against public justice–This means that if the core of the offence falls under the purview of Sec. 195(1)(a)(i), it cannot be prosecuted by simply filing a general complaint for a different, but related, offence–The focus should be on whether the facts, in substance constitute an offence requiring a public servant’s complaint–In the aforesaid context, the Courts must apply twin tests–First, the Courts must ascertain having regard to the nature of the allegations made in the complaint/FIR and other materials on record whether the other distinct offences not covered by Sec. 195(1)(a)(i) have been invoked only with a view to evade the mandatory bar of Sec. 195 of Cr.P.C. and secondly, whether the facts primarily and essentially disclose an offence for which a complaint of the Court or public servant is required.
