GOPALPRASAD GAYAPRASAD TIWARI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THE petitioner has moved this Court for the issue of a writ or order under Article 226 of the Constitution to the Board of Revenue directing the Board to hear an application made by him to the Board on 1. 12. 1950 or, if it is held that the Board has no jurisdiction to hear it, directing it to return the application to the petitioner for presentation tit the appropriate authority and for issue of a direction to that authority to hear his application.

(2.) THE application made by the petitioner to the Board was under Section 195 (5), Criminal P. C. In that application, the petitioner had prayed that a complaint made against him by the Additional Deputy Commissioner, Mandla under Section 177, Penal Code, be ordered to he withdrawn. That application was heard by Shri S. Rajan who rejected it on the ground that the Board had no jurisdiction to entertain it.

(3.) SECTION 195 (1) (a) of the Code provides that cognizance of any offence punish able under Sections 172 to 188, Penal Code, can be taken by a Magistrate only upon a complaint in writing of the public ordinate. Sub-section (5) of Section 195 runs thus: