SAXENA, J. - (1.) HEARD and perused the relevant record.
(2.) THIS petition filed under Sec. 482 Cr. P. C. has been directed against he order dated 3. 12. 90 passed by the learned MJM, Mandal in Criminal Original Case No. 582/90 (Criminal Complaint No. 16/90), whereby he took cognizance for the offences under sections 174 and 228 IPC against the petitioner on the criminal complaint filed by non-petitioner No. 3 Dev Chand. It appears that non-petitioner No. 3 Dev Chand filed a criminal complaint against the petitioner Mahesh Chandra Mehta, the then Tehsildar for the offences under sections 166, 190, 504 and 506 IPC in the court of learned MJM, Mandal, non-petitioner No. 2, wherein after recording the evidence u/s. 202 Cr. P. C, cognizance for the offences under sections 190, 504 and 506 IPC was taken against the petitioner despite service did not appear in the court. Thereupon, Dev Chand filed another criminal complaint against the petitioner despite service did not appear in the court. Thereupon, Dev Chand filed another criminal complaint against the petitioner for the offences u/ss. 174 and 228 IPC on which non- petitioner No. 2 took cognizance against the petitioner for the offence u/s. 174 IPC. Aggrieved by the said order, the petitioner has filed this petition. The impugned order is without jurisdiction and patently illegal because as per provisions of Sec. 195 Cr. P. C, no court shall take cognizance of any offence punishable under sections 172 to 188 which also includes the offence under section 174 IPC except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. Admittedly, non-petitioner Dev Chand is not a public servant. Such a complaint could have been filed by the learned Judicial Magistrate before whom the petitioner, despite service, did not appear. Therefore, the impugned order amounts to abuse of the process of the court and the same cannot be sustained. In the result, this petition is allowed and the order dated 3. 12. 90 passed by the learned MJM, Mandal is hereby set aside and the proceedings against the petitioner in the said criminal complaint are hereby quashed. .;