High Court quashes cases against OU principal Kasim citing Section 195 CrPC

Hyderabad: The High Court quashed two criminal cases against Osmania University Arts College Principal Professor C. Kasim, holding that the mandatory bar under Section 195 CrPC had been violated.

Justice Tukaram allowed the criminal petitions. He ruled that police failed to follow the procedure prescribed under Section 195 CrPC before initiating prosecution.

Professor Kasim had been booked under Section 188 IPC. Police alleged that he conducted a dharna on the university campus despite an order by the Registrar prohibiting protests.

Counsel for the petitioner, T. Rahul, argued that courts can take cognisance of offences under Section 188 IPC only on a written complaint by the concerned public servant. He said Section 188 IPC falls within the ambit of Section 195 CrPC.

However, in this case, the police registered FIRs without such a complaint being filed before the Magistrate. He contended that the Registrar, being the competent public servant, should have filed a direct complaint before the jurisdictional Magistrate.

He further argued that registration of FIRs based on information given at the police station violated the statutory bar under Section 195 CrPC.

Court reiterates mandatory safeguard under Section 195 CrPC

Accepting these submissions, the Court held that the statutory embargo under Section 195 CrPC had been breached. Consequently, it quashed the proceedings against Professor Kasim.

The judgment stressed that criminal prosecution must strictly adhere to procedural mandates. It observed that when the law prescribes a specific mode to initiate action, authorities must follow that procedure.

It stated that deviation from the prescribed process renders proceedings unsustainable.

The Court noted that such safeguards prevent misuse of criminal law in cases governed by statutory protections. It added that adherence to procedure also protects individual liberty and lawful dissent.