In Brief
The appellant was charged under Sections 353 and 186 IPC following a raid on a hostel he managed. The Supreme Court quashed the proceedings, holding that the cognizance taken was illegal. Section 186 IPC requires a prior written complaint from the concerned public servant before a Judicial Magistrate; here, no such complaint was filed. A letter sent to the City Magistrate (an Executive Magistrate) does not satisfy this requirement. Moreover, the FIR lacked ingredients of Section 353 (assault/criminal force)—it only alleged obstruction. Since the initial cognizance was vitiated by legal infirmity, all subsequent proceedings automatically fell through.
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