HANUMAN PRASAD Vs. RAGHUNANDAN PRASAD

JUDGEMENT

(1.) This application has been filed against an order of the District Magistrate, West Champaran, at Bettiah, not entertaining an application of the petitioner against an order of the Sub-Divisional Magistrate, Bettiah, refusing to file a complaint under Section 195(1)(a) of the Code of Criminal Procedure, 1898. It has been submitted that for the purposes of Section 195(1)(a) the Sub-divisional Magistrate is subordinate to the District Magistrate and therefore, the District Magistrate was also competent to file a complaint. In support of this contention reliance has been placed on a decision of this court in Maini Missir v. King-Emperor A.I.R.1927 Patna 111. That decision supports the contention only to the extent that for the purposes of Section 195(i)(a) the Sub-divisional Magistrate is subordinate to the District Magistrate but does not go further and support the contention that the District Magistrate could revise the order of the Sub-divisional Magistrate if the latter refused to file a complaint. It is of significance that, while 195(5) provides for withdrawal by a superior authority of a complaint filed under Sub-section (1)(a) of that section there is no such provision for filing a complaint where the subordinate authority refuses to file it. Of course, Sub-section (1)(a) itself lays down that the complaint may be filed by the public servant concerned or by some other public servant to whom he is subordinate. Be that as it may, the same decision doubts that an order for filing a complaint or refusing to file a complaint under Section 195(1)(a) is a judicial order. I also think that order is not a judicial order because a complaint is filed under that sub-section by a public servant and not by a court. If the original order of the Sub-divisional Magistrate was not a judicial order, the order of the District Magistrate is also not a judicial order, and this court cannot interfere with such an order in exercise of original powers or even inherent powers under Section 561A of the said Code. Apart from that, even, if the order be construed to be a judicial order, this court ought not to ordinarily interfere in cases where the subordinate authorities refuse to file a complaint.

(2.) In the result, I find no merit in the application. It is accordingly dismissed.