RAM AVTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner challenging the order dated 8.6.2007 passed by the learned Judicial Magistrate, Mandalgarh in Criminal Case No. 95/2007 taking cognizance against the petitioner for the offence under Sec. 186 I.P.C., as affirmed in the Revision Petition No. 146/2007 by the learned Additional Sessions Judge (Fast Track) No. 1, Bhilwara vide order dated 20.8.2007.

(2.) The challenge to the proceedings has been made on the ground that the complaint was filed by the Assistant Sub Inspector of Police Station, Mandalgarh to the Station House Officer regarding certain allegations against the petitioner and thereafter the Station House Officer proceeded to make an inquiry into the complaint filed for the offence under Sec. 186 I.P.C. Based on the conclusion of the inquiry, the complaint was filed by the Station House Officer through the Assistant Public Prosecutor for the offence under Sec. 186 I.P.C. and the learned Magistrate straightway on the complaint, without recording statements of witnesses, proceeded to take cognizance against the petitioner for the offence under Sec. 186 I.P.C. Learned counsel submits that the Station House Officer was incompetent to conduct an inquiry on the complaint for the offence under Sec. 186 I.P.C. without there being a direction of the Court because Sec. 155 Crimial P.C. bars such an inquiry. Thus, he submits that the impugned order taking cognizance is per se illegal and deserves to be quashed. Learned counsel for the petitioner has placed reliance on the decisions of this Court rendered in Vijendra Singh Vs. State of Rajasthan, 2004 (2) R.Cr.D. 165 (Raj.) and Deepak Arora & Anr. Vs. State of Rajasthan, 2010 (1) Cr.L.R. (Raj.) 248 .

(3.) Learned Public Prosecutor opposes the miscellaneous petition and submits that the petitioner being an advocate was found to be obstructing the police officials whilst discharing their official duties and as such no interference is called for by this Court in the impugned orders.