ROCKPO DABU LEWI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. Panging, learned counsel for the petitioner and also heard Mr. M. Batt, learned counsel appearing on behalf of the respondents. The action taken by the Estate Officer-cum-Magistrate, Capital Complex in respect of encroachment within the campus of Dera atung Government College has led to filing of these two writ petitions.

(2.) By referring to the order passed on 03.02.2010 by the Estate Officer (Annexure-7), the learned counsel contends that while the Estate Officer (Respondent No. 4) exercises the function under the Arunachal Pradesh Public Premises (Eviction of Unauthorised Occupants,) Act, 2003 (hereinafter referred to as 'the Eviction Act'), the said officer could not have ordered for arrest of the petitioner and issued NBW under Section 174 of the IPC. He submits that although, the private despondent is also entrusted with the power of the Magistrate, the officer had no authority to proceed on his own under Section 174 IPC, for alleged defiance of the petitioner, to his order for attendance in a proceeding under the Eviction Act.

(3.) The procedure laid down under Section 195 Cr.P.C. is read out to show that for an offence under Section 172 of IPC, the Court cannot take cognizance except on a complaint in writing of that Court and on reference of the case to a Magistrate of competent jurisdiction, as contemplated under the provisions of Section 340 of the Cr.P.C. Mr. Panging submits that as the concerned public servant whose order for attendance was defied in a proceeding under the Eviction Act, the very same officer is not competent to take it up upon himself, to take cognizance of the offence under Section 174 IPC and should have dealt with the matter, as per the Sections 195 and 340 of the Cr.P.C.