RAM BRICHHA MISIR Vs. EMPEROR

JUDGEMENT

(1.) This is a revision against the applicant's conviction under Section 186, Penal Code for having obstructed a commissioner appointed by a civil Court in his attempt to enter his house in order to attach articles.

(2.) It was urged that no physical obstruction was caused to the commissioner and that, therefore, no offence under Section 186, Indian Penal Code was made out. The judgment of the trial Court in the summary trial just mentions that the commissioner stated that he was obstructed and that the learned Magistrate believed that the commissioner was obstructed. It does not indicate as to what facts constituted the obstruction. I, therefore, looked up the initial report of the incident which the commissioner submitted to the civil Court. In this report the commissioner mentions that the accused stood at the door challenging the plaintiff to beat him if he tried to enter the house and that when the commissioner told him not to interfere in his preparing the list the accused began to show force and did not allow him to enter the house. It is clear that the commissioner deposed to something of the kind in Court and that the report makes out that there was actual obstruction to the commissioner when he attempted to enter the house.

(3.) The complaint filed by the Munsif related the facts of the case and then said that he was making the complaint under Section 182, Indian Penal Code for the trial of the accused for the offence. It is argued that on this complaint the accused could not have been tried and convicted of an offence under Section 186, Indian Penal Code because the Court did not lodge the complaint for trial under Section 186, Penal Code as required by Section 195(1)(a), Criminal P.C.I do not agree with the contention. The mis-description of the section of the Penal I Code with reference to the offence made out by 1 the facts alleged does not vitiate the complaint. 1 When a complaint has beta made to the Court I under Section 195, Criminal P.C., the criminal Court j is free to frame any charge on the basis of those I facts. It is the allegations of facts which constitute the complaint. Reference of specific sections relating to the offences made out by these facts is no essential ingredient of complaint.