VidhiSangh

Supreme Court of India · 08/05/2025

UMASHANKAR YADAV & ANR. versus STATE OF UTTAR PRADESH, THROUGH CHIEF SECRETARY & ANR.

[2025] 5 S.C.R. 1306 · 2025 INSC 653

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Summary

Members of an anti-trafficking organisation who accompanied labour officers on a brick-kiln inspection and took the labourers and children away to the police station before their statements were recorded were chargesheeted under Sections 186 and 353 IPC, and the High Court declined to quash. The Court held that the uncontroverted allegations disclosed no assault or criminal force on a public servant and no intention to obstruct, that the prosecution bore the marks of malice, and that in any event an FIR for the non-cognizable Section 186 offence without a Magistrate's order under Section 155(2) CrPC, and cognizance of it on a police report contrary to Section 195 CrPC, were impermissible; the prosecution was quashed.

Issues

  1. Whether the High Court under Section 482 CrPC may decline to examine whether the uncontroverted allegations constitute an offence merely because the accused can seek discharge before the trial court.
  2. Whether the allegations disclosed the ingredients of Section 353 IPC (assault or criminal force on a public servant) and Section 186 IPC (voluntary obstruction with intent to prevent discharge of public functions).
  3. Whether an FIR for the non-cognizable offence under Section 186 IPC could be registered and investigated without a Magistrate's order under Section 155(2) CrPC once no cognizable offence was disclosed.
  4. Whether cognizance of Section 186 IPC on a police report is barred by Section 195 CrPC, and whether the Explanation to Section 2(d) CrPC deeming a police report to be a complaint cures the bar.

Provisions considered

Held

Result

Appeal allowed; prosecution in Crime No. 93 of 2014 under Sections 186 and 353 IPC quashed; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 1306.