STATE OF GUJARAT Vs. DALPATSING MAFASING

JUDGEMENT

(1.) [His Lordships after stating the fact of the case, further observed :]

(2.) THE order passed by the learned Chief Judicial Magistrate is, therefore, consistent with the provisions of law and no Court can go beyond that. It is an admitted fact that no such complaint has been filed by the Court or Police Officer and the entire proceeding proceeded only on the private complaint. In our view, the trial Court has committed blunder in taking cognizance of the offence despite the clear-cut direction of the learned Chief Judicial Magistrate. Provisions of Sec. 195 of Cr. P. Code are mandatory and violation thereof would amount to exercise of powers rendering the entire proceedings ab-initio void, null and void. Same is the story in the instant case. [Rest of the Judgment is not material for the Reports.] (ATP) Prosecution quashed. (Only a part of the Judgment approved for reporting is published.)