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Shobha Chauhan vs. State of Rajasthan

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Penal Code, 1860–Sec. 188 [Corresponding Sec. 223 of BNS, 2023]–Representation of People Act, 1951–Sec. 127–Order of taking cognizance–Sustainability–Cognizance for the offence u/s. 188 has been taken solely on the basis of the FIR lodged by the police without there being any written complaint by the officer authorized for this purpose–Section 195(a)(i) Cr.P.C. bars for taking the cognizance–Impugned orders are liable to be quashed and set aside.