Sanjeev Sachdeva, J. - (1.) Crl.M.C. 662/2018 & CRL.M.A. 2398/2018 (stay), Crl.M.A.2400/2018 (seeking permission to file additional documents) Petitioner impugns orders dated 09.12.2016 and 14.11.2017 of the Trial Court, whereby, the Trial Court has taken cognizance of the offence under Section 188 Indian Penal Code, 1860.
(2.) Learned counsel for the petitioner submits that in terms of Section 195 Criminal Procedure Code, 1973 (Cr.P.C.), no Court can take cognizance of an offence under Section 188 IPC. except on a complaint of the public servant concerned.
(3.) It is contended that the Trial Court erred in taking cognizance on 09.12.2016 and erred in not noticing the fact that no complaint satisfying the requirements of Section 2(d) of Cr.P.C. had been filed and cognizance was taken on a police report. It is further contended that, subsequently, a complaint under Section 195 Cr.P.C. was filed on 05.05.2017. However, the Trial Court without following the procedure prescribed took cognizance of the supplementary chargesheet.;