BABU RAM Vs. RAM NATH AND A

JUDGEMENT

(1.) THIS is an application under Sec. 482 of the Code of Criminal Procedure filed by Babu Ram and Smt. Ram Sakhi praying that the proceedings under section 211 I. P. C. (Case No. 345 of 1969) pending before the Munsif Magistrate, Mainpuri, be quashed.

(2.) THE facts leading up to this application can briefly be stated as under :-

(3.) THE complaint is styled to be one under section 211, I.P.C. According to the allegations contained therein, however, it can fall rither under section 182 or under section 211 I. P. C. THE learned counsel for the State urged that it is open to the Magistrate to charge the applicants, on the basis of the facts contained in the complaint, of an offence under section 182 of the Code of Criminal Procedure instead of 211, I. P. C. I do not think, however, this argument can be of any help whatsoever to the State, for, if the facts alleged in the complaint constitute an offence under section 182, I. P. C. the complaint would be clearly barred by section 195 (1) of the Code of Criminal Procedure, which reads as follows .- "195. (1) No court shall take cognizance- (a) of any offence punishable under sections 172 to 188 of the Indian Penal Code, except on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate."