The public servant concerned for the purpose of Section 195(1)(a), Cr. P. C. is the Superintendent-in-charge of the C. T. O. Vijayawada, and not the individual who held the post at the time of the alleged offence.

ANATHANARAYANA AYYAR, J.

( 1 ) THE learned Public Prosecutor has filed this appeal against the judgment of the Second Additional District Munsif Magistrate, Vijayawada, acquitting the sole accused altogether.

( 2 ) THE relevant facts are as follows.

( 3 ) THE Superintendent-in-charge, Central Telegraph Office, Vijayawada, filed a complaint on 13-11-1963, in the Court of the Judicial First Class Magistrate, Vijayawada, in which he stated as follows:-"complaint filed under Section 195 (1) (a), Criminal Procedure Code for offences under Sections 182, 417 and 471, I. P. C. The Superintendent-in-charge, Central Telegraph Office, Vijayawada, sent a requisition to the Sub-Regional Employment Officer, Vijayawada, on 9-7-1962 requesting him to send candidates for appointment as telegraph peons. . . . . . . . . . . . . . . . . SD/- Complainant, Superintendent-in-charge, C. T. O. , Vijayawada. "

( 4 ) THE learned Magistrate, Sri G. Pulliah, took it on file making an endorsement as follows:-"taken on file on 13-11-63 under Section 417 and 471, Indian Penal Code. Issue summons to the accused. . . . . . . . . . . "

( 5 ) THE prosecution examined seven witnesses. Of these, H. A. D. Monte (P. W. 1) was the Superintendent, C. T. O. Vijayawada, who called for application in July 1963 and before whom the accused is said to have produced transfer certificate (Ex. P. 2) with endorsement (Ex. P. 3) which is said to be the subject-matter of the charges. He deposed that he filed them in the office. Subsequently, one V. Sambandham became the Superintendent in the same office, in place of P. W. 1. He gave a complaint to the police, complaining of the offence. The Inspector of Police (P. W. 7) registered the crime under Section 465 read with Section 471, Indian Penal Code in R. C. 27/63. He deposed as follows:-"i obtained the orders from IV City Magistrate, Hyderabad on 7-8-83 to investigate in to the case under Section 155 (2) Cr. P. C. . . . . . . . I submitted my report to S. I. S. P. F. Hyderabad. . . . . . . . . "subsequently, on 13-11-1963 the Superintendent-in-charge of C. T. O. viz. V. Sambandham who had succeeded P. W. 1 (H. A Dmonte) signed in complaint and filed it in Court. The learned Magistrate, who took the case on file examined the witnesses, P. Ws. 1 to 7. He questioned the accused on 22-1-1964 putting one single long question mentioning various items of evidence against him and the accused gave a single answer "i did not commit the offence". He examined P. Ws. 2 to 7 from 19-2-64 to 26-3-64. The learned Magistrate questioned the accused in detail and on 2-5-1964 the framed charges against him under Section 182 and 471, I. P. C. The accused pleaded "not guilty" and stated that he had no defence witness. Finally, the learned Magistrate delivered the Judgment on 30-6-1964.

( 6 ) IN the judgment, he framed four points for consideration as follows:- (1) Whether this Court can take cognizance of this case ? (2) Whether the Police can investigate into non-cognizable case without the orders of Magistrate ? (3) Whether the prosecution made out their case under Sections 182 and 471, I. P. C. ? (4) To what relief ?

( 7 ) ON point No. 1 the learned Magistrate held as follows: -". . . . . . . . . . . THE charge sheet in this case was filed under Sections 182, 417 and 471, I. P. C. . . . . . . . . . . . P. Ws. 1 and w are the concerned officers who should have filed the complaint in this case. Neither of them nor their superior filed the complaint nor their superior file the complaint in this case. One V. Sambandham is said to have filed the complaint in the case. He is not examined as witnesses for the prosecution. There is no explanation as to why P. Ws. 1 and 2 who were the concerned officers or their superiors have not filed this complaint. There is no evidence connecting the alleged complaint with the proceedings of this case. Section 195, Cr. P. C. is mandatory provision which directs that Court shall take cognizance of the offences under Sections

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