BATAKRUSHNA DAS Vs. STATE

JUDGEMENT

(1.) The petitioner was tried for offences under Sections 186, 504 and 353 I. P. C. by a First Class Magistrate of Dhenkanal, on the allegation that on 2-12-54 when the Subdivisional Magistrate, Sadar Dhenkanal the Gram Punchayat Organizer and other persons went to village Khadgaprasad to take photographs of the development work going on in that village, the petitioner abused them in insulting and filthy language saying that no real work was being done and the false propaganda was being made by taking photographs. It was alleged that the petitioner obstructed them when they were about to take photographs. On these allegations, a report (Ex. 1) was made by the Gram Punchayet Organizer, on the basis of which the petitioner was placed on trial.

(2.) The learned Magistrate acquitted him of the offence under Section 186 I. P. C. as the Sub-divisional Magistrate took cognizance of the offence prior to the filing of a complaint in writing by the public servant concerned as required by Section 195 of the Cr. P. C. But he convicted him of the offences under Sections 353 and 504 I. P. C. and sentenced him to pay a fine of Rs. 25/- under each count.

(3.) Mr. A. C. Mohanty, on behalf of the petitioner contended that the offence under Section 353 I. P. C. was very closely linked up with the main offence under Section 186 I. P. C. and once the trial court held that the taking of cognizance of the latter offence was invalid due to want of proper complaint the same invalidity would attach to the taking of cognizance of the offence, under Section 353 I. P. C. I am inclined to accept this argument.