SUDALAIMADAM Vs. STATE

JUDGEMENT

(1.) This is a petition under S.482, Crl.P.C. to quash the proceedings in C.C. No.16 of 1984, on the file of the Special Judicial Second Class Magistrate, No.II, Tenkasi. The accused are the petitioners.

(2.) On a complaint given by one V.V. Sundararajan, Special Deputy Tahsildar 'S' Bend Check Post, Puliyari, the respondent, the Sub Inspector of Police, Puliyari, filed a charge-sheet against the petitioners for an offence under S.353, I.P.C. The allegation is that on 30-11-1983 at about 3 p.m. the said V.V. Sundararajan was on duty at the check post. The accused appeared there and abused all the members of the staff with vulgar words and prevented the check post staff from joining their legitimate duty. After the examination of P.W.1, the learned Public Prosecutor, filed a memo to the effect that no offence under S. 353, I.P.C. was made out, as the accused had not used any criminal force or assaulted any person and praying for the alteration of the charge for an offence under S.186, I.P.C. The petition was allowed. Aggrieved thereby, the accused-petitioners have come forward with this petition.

(3.) The offence under S.186, I.P.C. is voluntary obstruction of any public servant in the discharge of his public functions. Under S.195(1)(a)(i) of the Crl.P.C., no Court shall take cognizance of any offence punishable under Ss.172 to 188 (both inclusive) of the I.P.C., except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. It is, therefore, urged by the learned counsel for the petitioners that inasmuch as V.V. Sundararajan, the Deputy Tahsildar, Check Post, who is said to have been obstructed in the discharge of his public function, has not given the complaint before the court, the prosecution must fail. The contention, I am afraid, has to be accepted, for, S.195(1)(a)(i), Crl.P.C is a total bar to the cognizance of any offence under S.186, I.P.C. by a Court unless the complaint is given by the public servant concerned or any other public servant to whom he is administratively subordinate.