Hyderabad: The Telangana High Court made it clear that unless a written complaint is filed before the magistrate court by the public servant regarding an alleged offence, charges of obstruction of public servant in discharging the duties could not be filed against a private person. The High Court also said that the Courts were prohibited from taking cognizance of an offence of obstruction of public servants in discharging their duties, except on a written complaint made by the authorities as per provisions of Sec. 195 (1)(a) of the Criminal Procedure Code (CrPC).
On Wednesday, Justice K. Sujana was dealing with a petition filed by one Mokheem, who requested the court to quash the FIR and set aside criminal proceedings initiated against him on the complaint filed by Ameenpur tahasildar Gouri Vatsala. He was booked on the charges of Sec. 186 of IPC for obstructing the public servant in performing their duties and threatening the tahsildar her and her subordinate staff while confronting in related to a land dispute. The land was claimed by the Mokheem, who had a passbook issued for this land under the ROR Act of 1971. And the revenue staff claimed it as the government land.
Following the confrontation between the revenue staff and the civilians at the disputed site, the tahsildar complained against Mokheem before the police saying he had obstructed the duties of the revenue staff and threatened them. Based on her complaint, the police have booked an FIR against Mokheem. Challenging the same, the petitioner approached the court.
Dr J. Vijayalakshmi, counsel for the petitioner argued that according to Sec. 195 of CrPC, the tahsildar had to file a written complaint before the concerned magistrate. But, in this case, she directly complained to the police and the case was booked. Hence, the counsel argued that the filing of the FIR against the petitioner was not valid. Agreeing with the contention of the petitioner`s counsel, the court quashed the FIR and made it clear that a written complaint before the magistrate was compulsory.
