Code Of Criminal Procedure 1973 – Section 195 – Complaint which is required to be filed under Section 195 (1) of the CrPC, can only be before a Judicial Magistrate and not an Executive Magistrate who does not have the power to take cognizance of an offence or try such cases. (Para 19)
Indian Penal Code 1860 – Section 186 ; Code Of Criminal Procedure 1973 – Section 195 – When no complaint was filed by the concerned public servant as contemplated under Section 195 (1)(a) CrPC, CJM could not have taken cognizance of the offence under Section 186- A written complaint by a public servant before the court takes cognizance is sine qua non, absence of which would vitiate such cognizance being taken for any offence punishable under Section 186. (Para 15-21) [In this case, complaint was filed before the City Magistrate and not before a Judicial Magistrate- SC held: the requirement of Section 195 (1) of the CrPC was not fulfilled.]
Indian Penal Code 1860 – Section 353- Not only obstruction but actual use of criminal force or assault on the public servant is necessary- While “disturbance” could also be caused by use of criminal force or assault, unless there are specific allegations with specific acts to that effect, mere allegation of “creating disturbance” cannot mean use of “criminal force” or “assault” within the scope of Section 353 of the IPC. (Para 33)
Code Of Criminal Procedure 1973 – Section 154- Though FIR is not supposed to be an encyclopedia containing all the detailed facts of the incident and it is merely a document that triggers and sets into motion the criminal legal process, yet it must disclose the nature of the offence alleged to have been committed as otherwise, it would be susceptible to being quashed. (Para 25) If vital and crucial facts are missing from the FIR of which the complainant was fully aware of and was already cognizant of, which he could have mentioned at the first instance, it would indicate that any subsequent mentioning of these facts in the case by the complainant would be an afterthought as has happened in the present case. (Para 27)
Constitution of India – Article 141 – In limine dismissal of a Special Leave Petition at the threshold without giving any detailed reasons does not constitute any declaration of law or a binding precedent under Article 141 of the Constitution. (Para 40)
Code Of Criminal Procedure 1973 – Section 155(4)- If in the course of the investigation of a cognizable offence, the ingredients of a non-cognizable offence are discovered then the police could have continued the investigation without the written complaint to the court or the order of the court in respect of such non-cognizable offence, as it would also be deemed to be a cognizable offence under Section 155(4) of the CrPC, but where the investigation of the cognizable office itself suffers from legal infirmity and without jurisdiction from the initial stage, the entire investigation would be vitiated. (Para 37)