JAGDISH MAJEE Vs. BANKA BEHARI MAJEE ALIAS BAKU MAJEC

JUDGEMENT

(1.) -This is an application under section 482 of the Code of Criminal Procedure, 1973, (hereinafter to be referred to as the Code) for quashing the order dated 26-6-1974 passed by the court below taking cognizance under section 427 of the Indian Penal Code against the petitioner on a complaint filed by the sole opposite party.

(2.) It is stated that on 11-6-74 a proceeding under section 144 of the Code was drawn up by the Subdivisional Magistrate, Jamtara, and he passed prohibitory orders restraining the parties from obstructing in fixing of the roof over a house standing on plot no 350, fully described in the order. On 26-6-74 the opposite party filed a complaint petition a copy whereof is Annexure' 1' to the application alleging that on 16-6-74 the petitioners committed mischief with the roof of the house. On examining the complainant on solemn affirmation the court below has taken cognizance under section 427 of the Indian Penal Code.

(3.) Mr. Verma appearing for the petitioners has contended that in view of the provisions of section 195 (1) (a)(i) of the Code, which are quoted below, the court below had no jurisdiction to take cognizance of an offence on the basis of a complaint petition directly filed by the complainant-