RAJARAM GANGARAM ATHALE Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner in this case was the accused in or. Case No. 1826 of 1967 in the Court of the Judicial Magistrate, First Class, II Court, Bijapur. The offences which have been alleged against him were those punishable under Section 186 and Section 504 or the Penal Code. On the date which had been fixed for hearing, the pleader the accused filed an application (dated 25.8-1967) taking an objection on the ground that as there was no complaint but only a police report, the court could not take cognizance of the offence under S. 186, Penal Code in view or the provisions contained in Section 195(1)(a) of the Code of Criminal Procedure, The learned Magistrate dismissed this application of the accused, A revision petition (Criminal Revision Petition 28 of 1967) filed against the said order and which was heard by the Additional Sessions Judge, Bijapur, was also dismissed. Hence the present revision petition before this Court.

(2.) I have heard Sri K. A. Swami, the learned Advocate for the petitioner and Sri G. Dayanand, learned Advocate for the State Public Prosecutor.

(3.) Both the Courts below appear to have proceeded on the basis that there was a com-plaint, though what was before them, as can be seen from the records in the case, was a charge sheet which had been placed by the police Sub-Inspector, Gandhi Chowk, Bijapur.