- (1.) This revision application arises out of a proceeding Under Section 188, I.P.C. There was a case Under Section 145, Code of Criminal Procedure In that case an order was passed Under Section 145, Code of Criminal Procedure keeping the property in dispute under attachment. The Court decided that the property should be left in the custody of Sri Hukum Singh Mukhtar. Sri Hukum Singh Mukhtar reported that Chatter Singh and others encroached upon the attached property. The learned Magistrate called a report from the local police, and was satisfied that the custodian's report was correct. So the learned Magistrate filed a complaint against Chatter Singh and seven others Under Section 188, I.P.C. The eight accused filed an appeal against the order filing the complaint Under Section 188, I.P.C. The appeal was dismissed by the learned Civil and Sessions Judge of Muzaffarnagar. Chattar Singh and others have, therefore, come to this Court in revision.
(2.) Mr. Aqiq Hasan appearing for the State urged that, the learned Magistrate's order filing the complaint was not open to an appeal Under Section 476B, Code of Criminal Procedure Even if the appeal before the learned Sessions Judge was incompetent Under Section 476B, Code of Criminal Procedure it is always open to this Court to examine whether the proceedings before the learned Magistrate himself were proper. It is not, therefore necessary to decide the question whether the appeal was maintainable. The substantial question for determination is whether, on the facts alleged by the prosecution, the accused can be said to have committed an offence Under Section 188, I.P.C.
(3.) Section 188, I.P.C. runs thus: Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in possession or under his management, disobeys such direction,...shall...be punished....;