RAKESH KATARIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition under Sec. 397 r/w Sec. 401 Crimial P.C. is preferred by the petitioner against the order dated 1.2.2007 passed by the Additional Civil Judge (Jr. Division) & Judicial Magistrate, First Class No. 20, Jaipur City, Jaipur taking cognizance against the accused-petitioner under Sec. 175 Penal Code and issuing bailable warrants in Criminal Case No. 13/2007.

(2.) Learned counsel for the petitioner referred Sec. 175 IPC, which reads as under:

(3.) Upon bare perusal of Sec. 175 IPC, it appears that the petitioner is legally bound to produce or deliver up any (document or electronic record) of any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. In the proviso of it, it is also made clear that if the (document or electronic record) is to be produced or delivered up to a Court of Justice, with simple imprisonment for term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.