RADHEY SHYAM GUPTA Vs. STATE

JUDGEMENT

(1.) THIS is an application to revise an order of the Sessions Judge upholding the jurisdiction of the Magistrate to proceed with the trial of the accused under Section 353, IPC.

(2.) ON an information lodged with the police a case under Sees. 228 and 353, I. P. C. , was sent up against the accused to the Court of the Magistrate who framed charges against him in these terms: Firstly, that you on or about the 17th day of August 1953 at about 4 p. m. in Civil Lines at the Registration Office, Orai, intentionally offered insult and caused interruption to R. S. Lal, Sub-Registrar, while he was sitting in a stage of judicial proceeding namely, was registering a document, and thereby committed an offence under Section 228, I. P. C. Secondly, that you on the same day at the same time and place assaulted R. S. Lal, Sub-Registrar, a public servant, with intent to deter him and prevent him from discharging his duty of registering a deed as public servant, and thereby committed an offence punishable under Section 353, I. P. C.

(3.) AN objection was raised on behalf of the accused challenging the jurisdiction of the Magistrate to take cognizance of the offence without a complaint in writing of the public servant concerned as required by Section 195 (1), Cr. P. C. The Magistrate upheld the objection as regards the charge under Section 228, I. P. C. , but overruled it with respect to Section 353, I. P. C.