V MADHAVAN NAIR Vs. M P GOPALA PANICKER

JUDGEMENT

(1.) THE recent decision in State of Kerala v. Wilfred, 1968 Ker LT 57 by Sadasivan, j. , has been responsible for this revision petition.

(2.) THE petitioner filed a complaint before the magistrate and the magistrate sent the complaint under Section 156 (3) of the Code of Criminal Procedure to the police for investigation. After investigation the police laid a charge-sheet; and when the case came up for further trial, objection was taken that in view of the decision mentioned above, the Public Prosecutor should not conduct the prosecution and the petitioner, as complainant, must make his own arrangements for the prosecution of the case. This the magistrate has accepted; and the correctness of this decision is being challenged before me.

(3.) SADASIVAN J. refers to the Division Bench ruling of the Allahabad High Court in badri Prasad Gupta v. Kripa Shanker, AIR 1967 All, 468 and observes: