SURYA PRAKASH MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BRIEF facts giving rise to the present revision petition are that one Mangilal Gour, Munsif & Judicial Magistrate, Jalore submitted a complaint under Sec. 29 of the Police Act on 12. 4. 1982 in the, court of Chief Judicial Magistrate, Jalore alleging therein that while discharging the function of Munsif & Judicial Magistrate, Jalore, he passed a judicial order on 16. 1. 1982 for production of police diary in CR No. 118/78 in Criminal Case No. 93/89 known as Berisal Singh v. Daulat Singh & others. The revisionist was required to produce the aforesaid case diary on 23. 2. 1982 in pursuance of the judicial order passed by Shri Mangilal Gour, Munsif & Judicial Magistrate, Jalore. In abundant caution and looking into the urgency, the learned Magistrate wrote a letter to the revisionist on 19. 1. 82 directing him to produce the case dairy on 23. 2. 82. The revisionist did not care to produce the case diary on 23. 2. 82. Thus, the complainant had no option except to give notice under Sec. 29 of the Police Act to the revisionist through the Superintendent of Police, Jalore directing therein to produce the case diary on 2. 3. 82 but the revisionist deliberately and wilfully disobeyed the order passed by Shri Mangilal Gour, Munsif and Judl. Magistrate, Jalore and wilfully disobeyed the order passed by the competent court. It is also alleged that Superintendent of Police, Jalore wrote a letter to the revisionist on 27. 2. 82 directing him to produce the police diary before the court concerned on 2. 3. 82. It is also alleged that when the revisionist received a letter from the Superintendent of Police, Jalore only then he started to make search of the case diary but did not pay any heed to the order passed by the court summoning the police diary.

(2.) IN support of the case, the prosecution examined Shri Mangilal Gour, Munsif & Judl. Magistrate, Jalore. The revisionist pleaded not guilty and claimed his trial. The revisionist also appeared in the witness-box as DW 1. An application submitted by him on 1. 3. 82 was placed on record and was marked as Ex. D/1.

(3.) I have heard Mr. G. R. Poonia, learned counsel for the petitioner and Mr. H. R. Panwar, learned Public Prosecutor for the State at length and gone through the record of the courts- below.