Section 195 CrPC | Kalandra By Subordinate Officer Not Maintainable Where Complaint Was Made To Superior Authority
Under Section 195 of the CrPC (Section 215 BNSS), cognizance of offences affecting public justice can be taken only upon a complaint by the concerned public servant or a superior authority — not by a subordinate officer. Where a complaint is addressed to a superior authority and inquiry is conducted at that level, prosecution must originate from that authority or above. This requirement is a mandatory jurisdictional pre-condition, not a directory provision. A Kalandra filed by a Station House Officer in such circumstances is not maintainable in law.
