K.S. Rathore, J. - (1.) The present criminal revision petition under Section 397 r/w Section 401 Cr.P.C. is preferred by the petitioner against the order dated 1.2.2007 passed by the Additional Civil Judge (Jr. Division) & Judicial Magistrate, First Class No. 20, Jaipur City, Jaipur taking cognizance against the accused-petitioner under Section 175 IPC and issuing bailable warrants in Criminal Case No. 13/2007.
(2.) Learned counsel for the petitioner referred Section 175 IPC, which reads as under: 175. Omission to produce (document or electronic record) to public servant by person legally bound to produce it - whoever, being legally bound to produce or deliver up any (document or electronic record) of any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or if the (document or electronic record) is to be produced or delivered up to a Court of Justice, with simple imprisonment for term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(3.) Upon bare perusal of Section 175 IPC, it appears that the petitioner is legally bound to produce or deliver up any (document or electronic record) of any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. In the proviso of it, it is also made clear that if the (document or electronic record) is to be produced or delivered up to a Court of Justice, with simple imprisonment for term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.;