T.Srinivasan, Accountant General, Madras vs Rajinder Singh

Harbans Singh, Rai, J.

Petitioner T. Srinivasan, Accountant General, Tamil Nadu (Madras) has filed this petition seeking quashing of the order of summoning passed by Judicial Magistrate Ist Class, Chandigarh, dated April 4, 1988, and also the complaint filed by the respondent under section 174, Indian Penal Code.

The facts leading to this petition are that the petitioner was summoned in a contempt matter for September 9, 1987. It is alleged that he did not appear inspite of service and he was proceeded against exparte. subsequently, he applied for setting aside the ex parte order which is pending in the Court of Judicial Magistrate Ist Class, Chandigarh.

Respondent filed the complaint under section 174, Indian Code, on the ground that the summons issued by the Court was delivered to the petitioner and he, after receipt of the summons, did not appear the Court and has committed an offence under section 174, Indian Code. The learned Magistrate, finding a prima facie case under section 174, Indian Penal Code, summoned the petitioner vide his order April 4, 1988.

I have heard the learned counsel for the parties 195 Section Criminal Procedure Code, provides that no Court shall take cognizance of any offence punishable under sections 172 to 188 (both inclusive) Indian penal Code except on the complaint in writing of, the public servant concerned. In this case, no complaint has been filed by public servant i.e. the Court which had issued the summons to the petitioner for appearance.

As the cognizance by the Court was barred under section 195, Criminail Procedure Code, the order dated April 4, 1988, and the complaint dated October 16, 1987, are quashed. If the Court concerned is of the view that the absence was wilful, the Court is always at liberty to.proceed according to law.

Consequently, this petition is allowed.

Peition allowed.