FIR under Section 188 IPC is Impermissible without a Written Complaint from the Concerned Public Servant per Section 195 CrPC.

On May 22, 2021, during COVID-19 restrictions, the petitioner was intercepted by police personnel from Police Station Chiman Ganj Mandi, Ujjain, while heading to a temple for evening prayers.

Despite explaining his identity and religious purpose, the police registered an FIR (Crime No. 649 of 2021) for the offense punishable under Section 188 of the IPC for violating a prohibitory order.

The petitioner approached the High Court seeking quashment of the FIR and consequential proceedings under Section 528 of the BNSS (Section 482 of the CrPC).

1. Whether an FIR under Section 188 of the IPC can be maintained in the absence of a written complaint by the concerned public servant as required under Section 195 of the CrPC.

Section 188 of the IPC, which penalizes disobedience to orders promulgated by public servants if such act causes obstruction, annoyance, or danger.

Section 195 of the CrPC (corresponding to Section 215 of the BNSS), which creates a mandatory bar against taking cognizance of offenses punishable under Sections 172 to 188 of the IPC except on a "complaint in writing" of the concerned public servant or their administrative superior.

The court Reasoned that the statutory bar under Section 195 expressly prohibits any court from taking cognizance of such offenses based on a mere police report or FIR.

Since the proceedings against the petitioner were initiated via an FIR registered by the police rather than a written complaint by the public servant whose order was allegedly disobeyed, the legal foundation for the prosecution was fundamentally flawed.

The Court observed that while Section 188 of the IPC defines the offense of disobeying a public servant's order [para. 6-7], Section 195 of the CrPC establishes a strict procedural requirement for prosecution.

The Court allowed the petition and quashed FIR No. 649 of 2021 and all consequential proceedings.

The Court granted the State liberty to file a fresh complaint following the procedure prescribed under Section 195 of the CrPC, subject to the limitation periods defined under Section 468 of the CrPC (Section 514 of the BNSS).