2025:UHC:7715 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/784/2024 Hon’ble Manoj Kumar Tiwari, J 1. Ms. Prabha Naithani, Advocate holding brief of Mr. Gaurav Pawar, learned counsel for the applicant. 2. Mr. K.S. Bora, learned Deputy Advocate General for the State of Uttarakhand. 3. This criminal misc. Application, under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been filed by the applicant for quashing the impugned order dated 11.07.2024 passed by learned Additional District Judge/FTSC, Haridwar in SST No. 105 of 2022 in connection with FIR No. 0234/2022 under Sections 363, 366(A), 376(2)(n) & 176(3) and Sections ¾ & 5/6 of the POCSO Act, registered at Police Station Kotwali Haridwar, District Haridwar. 4. Applicant moved an application under Section 195(1)(i) of Code of Criminal Procedure, 1973 to punish the police officers by alleging that he was wrongly shown as arrested from Chandipul, Haridwar, while actually he was arrested from State of Bihar. The said application was rejected by learned F.T.S.C./Additional Sessions Judge, Haridwar, vide order dated 11.07.2024. Feeling aggrieved, by the order passed by learned Additional Sessions Judge, applicant has filed this application under Section 528 BNSS, 2023. 2025:UHC:7715 5. Section 195 (1) Cr.P.C., which is relevant to the present case, is extracted below:- “195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence— (1) No Court shall take cognizance— (a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, (45 of 1860), or (ii) of any abetment of, or attempt to commit, such offence, or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate; (b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate.” 5. A careful perusal of Section 195 (b) (i) would reveal that no Court can take cognizance of any offence punishable under Section 193 to 196, except on the complaint in writing of that Court or by such Officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate. Thus a complaint made 2025:UHC:7715 by private person is not maintainable under Section 195 (b) (i) Cr.P.C. 6. Thus, there is no infirmity in the order passed by learned Magistrate. 7. Accordingly, the application filed under Section 528 BNSS is dismissed. (Manoj Kumar Tiwari, J) 29.08.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005a a85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3 D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.29 06:05:05 -07'00'