UMA KANT BHATT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated June 17, 1987, passed by the Munsif and Judicial Magistrate, Fiist Class, Begun, by which the learned Magistrate took cognizance against the petitioner fcr the offences under Section 29 of the Police Act and Sections 174, 187 and 188 of the Indian Penal Code.

(2.) SHRI H. R. Kudi, Munsif and Judicial Magistrate, Begun, on June 17, 1987, filed a complaint against the accused-petitioner Uma Kant Bhatt in the Court of the Munsif and Judicial Magistrate, Begun. It was alleged in the complaint that criminal Case No. 506 of 1982 State vs. Phool Chand was pending in the Court of the Munsif and Judicial Magistrate, First Class, Begun, for considerably a long time and in the case, warrant of arrest was issued and a specific note was appended on the warrant of arrest that the C. I. Uma Kant Bhatt, Station House Officer, Police Station, Rawatbhata, should personally Jook-into the matter and get the warrant of Arrest executed. It was, also, mentioned in the note that in case the service of the warrant is not effected then a list of the property of the accused should be prepared and the C. I. Uma Kant Bhatt should appear in the Court alongwith the list. The accused-petitioner did not comply with the order and neither get the warrant executed personally nor took personal interest in the execution of the warrant and, therefore, the warrant could not be executed. He, also, did not appear in the Court inspite of a specific direction of the Court. As the accused-petitioner Una Kant Bhatt did not comply with the order passed by the Court, therefore, on June, 17, 1987, an order was passed for filing a criminal complaint against the accused as the conduct of the accused-petitioner falls within the purview of cognizable offence. On this complaint, SHRI H. R. Kudi, the Munsif and Judicial Magistrate, Begun, himself took the cognizance on the same day against the accussed - petitioner for the offences under Sec. 29 of the Police Act and Sec. 174, 187 and 188 of the Indian Penal Code. He, also, granted, psrsonal exemption to the complainant, i. e. to himself. It is against this order that the present miscellaneous petition has been filed.