HERENAND KASHYAP Vs. KRISHI UPAJ MANDI SAMITTI

JUDGEMENT

(1.) THIS petition is directed against the order dated 30. 1. 2002 passed by the Judicial Magistrate First class, Saraipali, in complaint case No. 79/ 2002 whereby the learned Judicial Magistrate First Class has taken the cognizance and issuing the process against the applicant on the basis of written complaint filed by the non-applicant No. l.

(2.) THE order is challenged on the ground that without there being examining the complaint, an order taking cognizance is in violation of the provisions of Section 200 of the code of Criminal Procedure, 1973 (thereafter referred to as 'the Code' ).

(3.) 3. 1 have heard learned counsel for the applicant and perused the order impugned, copy of complaint as also other documents. The non-applicant No. l is public body and complaint is filed on behalf of public body through its Secretary who is public servant and has acted in discharge of his official duty. Law relating to the need of examination of the complainant under Chapter XV of the Code is plain and unambiguous. Examination of the complainant is not sine qua non in all cases. Section 200 of the Code reads as under: