J.M.L. Sinha, J. - (1.) THROUGH this application the Petitioner prays that the complaint filed by the Distt. Judge, Bijnor against him and the entire proceedings thereunder may be quashed.
(2.) VERY briefly stated the facts leading to this application are that a process -server belonging to the staff of the Civil Court, Bijnor, was assaulted by the Petitioner when he went there in order to effect service of a process. A report in the first instance was made by the process -server to the Munsif -Magistrate, who forwarded a note to the Distt. Judge and the latter in his administrative capacity as a Distt. Judge, filed a complaint for the prosecution of the Petitioner Under Section 332 and other cognate offences. The ground raised by learned Counsel for the Applicant challenging the validity of the proceedings is twofold: (1) that it was not open to the Distt. Judge to file a complaint except in accordance with Sections 476 and 196 Code of Criminal Procedure, and since the offence specified in the complaint do not fall under either of the two sections, the complaint was illegal; and (2) that the learned Magistrate, who has entertained the complaint, proceeded with the case without examining the Distt. Judge Under Section 200 Code of Criminal Procedure.
(3.) TO my mind a Distt. Judge, as local head of the department, has an administrative capacity besides that of a Court. In the instant case an employee of the Civil Court complained to the Distt. Judge through the Munsif that he had been beaten when he was discharging his public duties. The Distt. Judge, purporting to act in his administrative capacity, filed the complaint. Section 476 Code of Criminal Procedure or Section 195 Code of Criminal Procedure imposes a restriction with regard to the institution of a complaint for those offences alone that are specified therein. It is a well -known principle of criminal law that for an offence about which no such restriction exists any person can set the law in motion. I fail to find any provision in the Code of Criminal Procedure which could prevent the Distt. Judge from filing a complaint for the earlier mentioned offences, in his administrative capacity. Since Sections 476 Code of Criminal Procedure and 195 Code of Criminal Procedure did not apply, no inquiry was mandatory before the filing of the complaint.;