- (1.) THIS is a reference by the Additional Sessions Judge at Palanpur against the order of the Judicial Magistrate First Class, Abu Road, in connection with a criminal case pending before the Judicial Magistrate. It has come to us as it relates to the abu area which has been integrated with Rajasthan under the States reorganisation Act.
(2.) THE facts of the case are briefly these. Sindhi Nathuram Atmaram is said to have gone to the office of the Administrator of the Abu Road Municipality at about 1 P. M on the 16th of January, 1956, and obstructed the Administrator in the discharge of his official duties and threatened him. On this, the Administrator reported the matter to the Sub-Inspector concerned. The Sub-Inspector investigated the case and made a complaint to the Magistrate against the accused. When the accused appeared in Court he raised an objection that in view of Section 195 (1) (a) of the Code of Criminal Procedure the Magistrate had no jurisdiction as no complaint had been made by the public servant concerned in writing or by anyone superior to the public servant. The magistrate overruled this objection. Thereupon, there was a revision by the accused before the Additional Sessions Judge and that is how this reference has been made by him.
(3.) SECTION 195 (1) (a) of the Criminal Procedure Code reads as follows : "no Court shall take cognizance of any offence punishable under sections 172 to 188 of the Indian Penal Code, except on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate. ";