In Brief
The Central Bureau of Investigation appealed against the High Court's quashing of proceedings against an advocate accused of falsifying a motor accident compensation claim. The key issue was whether the statutory bar under Section 195(1)(a)(i) CrPC (which requires a written complaint from a public servant or superior to prosecute certain offences) prevented the court from taking cognizance based on the CBI's charge sheet, though the High Court had directed the investigation in public interest. The Supreme Court held that while the bar is mandatory, it must be understood purposively. A High Court's direction to investigate in public interest serves the same protective function as a public servant's written complaint. Therefore, the bar under Section 195(1)(a) cannot be invoked to prevent cognizance following a High Court direction. The appeal was allowed and proceedings were set aside.
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