STATE OF RAJASTHAN Vs. PRITHVI SINGH

JUDGEMENT

(1.) THIS is an application in revision by the State against the order of the learned Sessions Judge, Jodhpur, dated 10th January, 1967 by which he maintained the order of discharge passed by the Additional Munsif Magistrate No. 2 Jodhpur City in favour of Prithvi Singh non-petitioner for offences under sec. 451, 332 and 353 of the Indian Penal Code holding that the cognisance of these offences could not be taken because on the facts alleged offence under sec. 186 of the Indian Penal Code was essentially made out and of which cognisance could not be taken except on the complaint in writing of the public servant concerned as is provided in sec. 195 (1) of the Code of Procedure. The learned Additional Munsif Magistrate for his order relied upon an unreported decision of this Court in S. B. Cr. Reference No. 92 of 1963 (Mangilal vs. State) decided on 1-8-1963. The learned Sessions Judge also maintained the order relying upon Mathuvelu vs. Samiah Kodumburan (1) and Sindhi Nathuram Atmaram vs. The State (2 ).

(2.) I have been informed that the subordinate courts acting upon the decision of this Court in S. B. Cr. Reference No. 92 of 1963 are not taking cognisance of the offences under sec. 332 and 353 of the Indian Penal Code on the ground that on the same facts offence under sec. 186 of the Indian Penal Code is also made out and no complaint as required under sec. 195 (1) of the Code has been filed by the public servant concerned.