that no court shall take cognizance of any offence punishable under Sections 172 to 188 IPC (both inclusive) except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. It is thus clear that for a court to take cognizance of the offence punishable under Section 188 IPC, a ‘complaint’ in writing of the public servant whose order is violated is necessary. The term ‘complaint’ is defined in Section 2(d) of the Code and it means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the Code, that some person, whether known or unknown, has committed an offence, but does not include a police report i.e. a charge sheet. In other words, the concerned Executive Magistrate ought to have file a complaint for the aforesaid offences of Section 143 and 188 IPC and instead he chose to give a report to the police and the concerned police laid charge sheet for the said offences and it was taken cognizance of by the concerned Magistrate on a police charge sheet contrary to Section 195(1)(a)(i) of the Code. This is sufficient to quash the offence under Section 188 IPC in the charge sheet on the ground of above illegality as the said offence is not cognizable on a police charge sheet.
