KISHAN SWARUP MOTILAL GARG Vs. B.S. VERMA

JUDGEMENT

(1.) THIS writ petition is directed against the issue of Summons by the Court of Metropolitan Magistrate, 28th Court, Esplanade, Bombay 400 007 in Case No. 407/S of 1985.

(2.) I heard counsel for the Petitioner Mr. G.B. Tirodkar and Mr. Mehta for Respondent No. 1 and Smt. Usha. V. Kejriwal, A. P. P. for Respondent No. 2 State.

(3.) ADMITTEDLY , one Shri A. L. Arokiodas A. D. I. (Investigation) has conducted the search before whom the alleged information was given by the petitioner. It is not the case that the complainant is Superior officer of aforesaid Arokiodas. In view of Section 195(a)(iii) in order to maintain the complaint for the offence under Section 182 of I.P.C. the complaint must be filed either by the person before whom such information was given or the Superior Officer of the Public Servant. Here, Arokiodas is not complainant nor B.S. Verma, complainant herein, is the Superior Officer of Arokiodas. In view of this contention of the counsel for the petitioner, has to be accepted and the complaint cannot be maintained under Section 195(a)(iii) of Cr. P.C. This view is fortified by the decision of the Supreme Court in Daiilat Ram v. State of Punjab : AIR1962SC1206 .