T. SRINIVASAN, ACCOUNTANT GENERAL, MADRAS Vs. RAJINDER SINGH

JUDGEMENT

(1.) PETITIONER T. Srinivasan, Accountant General, Tamil Nadu (Madras) has filed this petition seeking quashing of the order of summoning passed by Judicial Magistrate Ist Class, Chandigarh, dated April 4, 1988, and also the complaint filed by the respondent under section 174, Indian Penal Code.

(2.) THE facts leading to this petition are that the petitioner was summoned in a contempt matter for September 9, 1987. It is alleged that he did not appear in-spite of service and he was proceeded against ex-parte. subsequently, he applied for setting aside the ex parte order which is pending in the Court of Judicial Magistrate Ist Class, Chandigarh.

(3.) I have heard the learned counsel for the parties 195 Section Criminal Procedure Code, provides that no Court shall take cognizance of any offence punishable under sections 172 to 188 (both inclusive) Indian penal Code except on the complaint in writing of, the public servant concerned. In this case, no complaint has been filed by public servant i.e. the Court which had issued the summons to the petitioner for appearance.