Jagdish Tytler The CBI Friday submitted that it needs some more time to address submissions in the Jagdish Tytler case with regard to complaints under Section 195 CrPc, which is required for the purpose of taking cognizance of the offence 188 of the IPC mentioned in the supplementary chargesheet.
A court had Wednesday declined to take cognizance of the supplementary chargesheet filed by CBI against Tytler, Congress leader and former Union Minister, in May in the case relating to the 1984 anti-Sikh riots.
Additional Chief Metropolitan Magistrate (ACMM) Vidhi Gupta Anand had asked for the complaint by a public servant to be placed on record to justify the inclusion of the offence of violation of section 188 of the IPC (disobedience of order duly promulgated by a public servant). She had further said she could not take cognizance of the chargesheet “in parts”. She said: “I cannot take cognizance in parts… cognizance must be taken of all sections mentioned in the chargesheet.”
The judge then directed the lawyers to either bring over the complaint of the public servant or drop the charges pressed under Section 188 of the IPC.
Section 195 of the CrPC states that no court can take cognizance of offences under sections 172 to 188 of the IPC, “except on the complaint in writing of the public servant concerned”.