YOGENDRA NATH TEWARI Vs. STATE

JUDGEMENT

(1.) THIS is a criminal reference by the Additional Sessions Judge of Azamgarh with the recommendation that the Magistrate's order dated 12-9-1901 be set aside and he be directed to return the complaint or report of the Superintendent of Police, Azamgarh, for presentation before the District Magistrate and/or such suitable orders as the High Court may deem proper to pass.

(2.) THE material facts of the case are that Yogendra Nath Tewari, applicant, proceeded on leave and did not report for duty even though the leave was not extended and he was served with a notice to join his duties. The Superintendent of Police then made a complaint alleging that the applicant had committed an offence punishable under Section 29 of the Police Act. The complaint was addressed to and was taken cognizance of by the Additional Sub-Divisional Magistrate, Sadar, Azamgarh.

(3.) THE applicant challenges the jurisdiction of the Additional Sub-Divisional Magistrate on the ground that the complaint was to be moved before and could be taken cognizance of by the District Magistrate only as laid down in Para 486 II of the U. P. Police Regulations. It was also contended that the provisions contained in this paragraph had not been followed with the result that the complaint could not be taken cognizance of by any Magistrate, not even District Magistrate. The applicant raised the above objection before the Additional Sub-Divisional Magistrate who rightly observed that the instructions contained in the Police Regulations were instructions meant for the police force which could not have the force of law, and that the procedure for the trial of criminal cases was laid down in the Code of Criminal Procedure. He thus held that he could take cognizance of the complaint However, in view of the application of the accused he transferred the case to the file of the District Magistrate for disposal in accordance with the law.