DINESH CHANDRA SHARMA Vs. VED PRAKASH GARG

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. Learned Additional Sessions Judge No. 2 Bharatpur in his impugned order has already held that the trial Court shall take further proceedings by resorting to the provisions of sections 200, 202, 203 and 200 Cr. P.C. I have considered the allegation made in the complaint filed by the petitioner. It is no doubt correct that in a written complaint filed by a public servant acting or purporting to act in the discharge of his official duty, it is not necessary for the Magistrate to examine the complainant or his witnesses before issuing any process against the accused. However, if the allegations made in the complaint itself are not sufficient and in a given case the court considered it necessary to examine the complainant and witnesses before issuing process, it cannot be said that such order would be illegal and without jurisdiction. The learned AddI. Sessions Judge in this case has taken the view that the details with regard to the manner in which obstruction was made to the petitioner who was a public servant in the discharge of his public function have not been mentioned and as such further enquiry as contemplated under sections 200 and 202 Cr. P.C. would be necessary. Such view taken by the learned Additional Sessions Judge in the facts of this case cannot be said to be arbitrary, illegal and without jurisdiction.

(2.) I find no ground in this revision and it is accordingly dismissed.