RAMSEWAK Vs. NARENDRA KUMAR

JUDGEMENT

(1.) In this petition preferred under Article 227 of the Constitution of India, the revisional order passed by the Sessions Judge, Datia, whereby the petitioners have been summoned to face trial under Sections 120-B, 467 and 468 of the Indian Penal Code is being challenged. The brief facts out of which this petition arises be noticed as under.

(2.) The petitioners were ordered to be summoned with a view to face trial under Sections 120-B, 467, 468 and 471 of the Indian Penal Code. This order was passed on a complaint filed by one Narendra Kumar in the Court of Chief Judicial Magistrate, Datia.

(3.) The petitioners preferred a revision petition and contended that this was a case to which the provisions of Section 195 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') would be attracted and that the cognizance can be taken only on the basis of a complaint by the concerned Tehsildar. On this plea, having been raised in the Court of Session, the Court of Sessions came to the conclusion that the complaint in so for as it refers to Section 471 of the Indian Penal Code could not be tried but with regard to other offences, the trial would go on. It is this aspect of the matter which is being challenged in this Court by preferring a petition under Article 227 of the Constitution of India. What is sought to be contended is that even with regard to offences u/Ss. 120-B, 467 and 468 of the Indian Penal Code, no prosecution can be continued unless and until procedure indicated in Section 195 of the Code is followed.