Section 182 IPC Proceedings Invalid Unless Complaint Is Filed by Competent Public Servant Under Section 195 CrPC: Punjab & Haryana High Court

Case Name: Sanjeev Goyal v. State of Punjab and Others

Date of Judgment: 4 August 2026

Citation: CRM-M-28879-2022

Bench: Hon’ble Mr. Justice Virinder Aggarwal

Held: The Punjab and Haryana High Court held that Section 195(1)(a) CrPC imposes a mandatory jurisdictional bar against taking cognizance of an offence under Section 182 IPC unless the written complaint is made by the public servant concerned or by a public servant to whom such officer is administratively subordinate. Non-compliance goes to the very jurisdiction of the Court.

Summary: The petitioner had complained to the SSP, Vigilance Bureau, Mohali, alleging that a Passport Verifying Officer demanded ₹10,000 as illegal gratification for a favourable verification report. Subsequently, proceedings under Section 182 IPC were initiated against the petitioner on the allegation of making a false complaint.

The crucial defect was that while the original complaint was addressed to the SSP, the Kalandra under Section 182 IPC was instituted by the DSP, Vigilance Bureau, who was subordinate to the SSP. The Court held that this did not satisfy Section 195 CrPC because the proceedings were neither instituted by the public servant concerned nor by an officer to whom that public servant was administratively subordinate.

The Court therefore treated the defect not as a mere procedural irregularity but as a fundamental jurisdictional defect, making the Trial Court’s cognizance legally unsustainable.

Decision: The petition was allowed. The cognizance taken on the Kalandra under Section 182 IPC and all consequential proceedings were quashed for non-compliance with the mandatory requirements of Section 195 CrPC.