SADA SHIVA AND OTHERS Vs. STATE

JUDGEMENT

(1.) BY his order dated 10 -1 -1969 Shri Harish Chandra, Additional Sessions Judge, Etawah, has made this reference recommending that the order dated 15 -7 -1968 passed by Shri R.P. Gupta, Judicial Officer, Bidhuna, District Etawah, rejecting an application moved before him by the accused -Applicants to be set aside and the charges framed by the learned Magistrate against the accused be quashed.

(2.) HEARD the learned Counsel for the parties.

(3.) ACCORDING to the learned Sessions Judge, in view of the law laid down by this Court in Radhey Shyam Gupta v. The State of UP, 1967 AWR 204 (2), as the Sub -Registrar is said to have been busy registering documents, he must be deemed to have constituted a court within the meaning of Section 195 Code of Criminal Procedure and as it is said that he was insulted and interruption was caused in his work within the meaning of Section 228 IPC, white the Sub -Registrar, a public servant, was sitting during a judicial proceeding (registering documents) a complaint ought to have been filed by the Sub -Registrar as laid down in Section 195(1)(b) Code of Criminal Procedure. It has been observed by the learned Sessions Judge that under the circumstances the accused should have been charged with an offence punishable Under Section 228 IPC provided a complaint had been made by the Sub -Registrar as laid in Section 195(1)(b) Code of Criminal Procedure and as this was not done, the charges framed against the Applicants should be quashed. The learned Sessions Judge also observed that the allegations made against the accused do not constitute an offence punishable Under Section 353 IPC.