MICHU BAGH Vs. K SADANGI

JUDGEMENT

(1.) TWO private complaints (Nos. C1.3 and 4 of 1966) were filed under Sections 330 and 331, Indian Penal Code, against the A. S. I. and two constables of Laimura outpost under the police station, Deogarh on 28 -1 -66 and 2 -2 -66, respectively in the Court of the Sub -divisional Magistrate, Deogarh, District Sambalpur. The said Magistrate examined both the complainant as required under Section 200, Criminal Procedure Code and posted both the cases to 28 -2 -66, for an enquiry to be made by him under Section 202, Criminal Procedure Code (hereinafter referred to as the 'Code').

(2.) IN the meanwhile a petition was filed by the Court Sub -Inspector saying that the enquiry under Section 202, Criminal Procedure Code relating to such misconduct against a police officer has, under the scheme of the separation of Judiciary from the Executive, to be conducted by an executive Magistrate. He referred to the Executive Instructions issued at the time of separation of the Judiciary from the Executive for the guidance of the Magistrate and the police. He also drew the attention of the Court to letter No. 4742 dated 21 -9 -61 (General letters - Criminal) issued by the High Court. He accordingly requested the Magistrate to send the complaint petition to the Sub -divisional Officer, Deogarh, who is an executive Magistrate for making the aforesaid judicial enquiry.

(3.) SECTION 190 (1) of the Code prescribes three modes for taking cognisance of offence by the Magistrate. They are :