A J JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the complainant in Crl.M.P.No. 4588/2004 before the Chief Judicial Magistrate, Kottayam. The said complaint filed by the petitioner as extracted by the petitioner himself in this Criminal R.P. , reads as follows:

(2.) The petitioner's contention is that since the allegations against the accused were both under Sections 167 and 193, which are separable, the bar under Section 195(b)(i) of the Criminal Procedure Code, is applicable to the offence under Section 193 alone and cannot be applied to the allegations of offence under Section 167, which can be tried by the Magistrate on the complaint of the petitioner.

(3.) The learned Public Prosecutor would support the impugned order on the basis of the decision of the Madras High Court relied on by the Chief Judicial Magistrate.