1. These two criminal revision applications are taken up together with the consent of the parties and this order will govern both of them.

2. These applications arise out of an order dated 6th of April, 1971, passed by the Sub divisional Magistrate, Madhubani, taking cognizance of offences under Sections 323, 324 and 353 of the Indian Penal Code against the petitioners of both these applications.

3. Facts giving rise to these applications are that petitioner Janki Prasad Tibrewal of Criminal Revision 1171 of 1971 is resident of a place within the jurisdiction of Jhanjharpur Gram Panchayat. The three petitioners of criminal revision 1227 of 1971 are relations of Janki Prasad Tibrewat. It is alleged that Janki Prasad Tibrewal had supported the election of one Shri Narain Kejriwal when there was election of Jhanjharpur Gram Panchayat. Ganga Bishun Sah who was also fighting the election succeeded in being elected as a Sarpanch. The case of the petitioners is that Ganga Bishun Sah instigated one Banwari Prasad Khetan of Jhanjharpur to file a report against Janki Prasad Tibrewal in the Gram panchayat making allegations that this petitioner had abused and slapped him and a case under Ss.323 and 352 of the Indian Penal Code was registered against him. Gram Cutcherry issued summons which was served on Janki Prasad Tibrewal on 26-11-1970 and it is alleged that Janki Prasad Tibrewal did not appear after service of summons against him and so warrant of arrest was issued against him by the Gram Cutcherry. The warrant was sent to Mukhia for execution. The Mukhia of the Gram Panchayat in his turn endorsed the warrant to Dalpati, Shri Ram Lakhan Sharma, for execution. Shri Ram Lakhan Sharma went to Janki Prasad Tibrewal on 1-12-1970 for the purpose of executing the warrant. It is alleged that petitioner Janki Prasad Tibrewal became very much annoyed with the Dalpati and abused him in a filthy language and tore away his uniform and prevented the Dalpati from executing the warrant of arrest. The Dalpati thereafter approached the Mukhia and then both of them again came to Janki Prasad Tibrewal for the purpose of executing this warrant. Again, it is alleged, that the Dalpati and the Mukhia were obstructed from executing this warrant and they were assaulted by Janki Prasad Tibrewal and other petitioners of criminal revision 1227 of 1971. The Chief Officer of the Gram Panchayat then lodged a written report at Jhanjharpur police station on 2-12-1970. The police after investigation submitted charge sheet against the petitioners of both these revision applications. The learned Sub divisional Magistrate thereafter by his impugned order dated 6th of April, 1971 has taken cognizance of offences under Sections 323, 324 and 353 of the Indian Penal Code against the petitioners.

4. Being dissatisfied with the aforesaid order passed by the learned Sub divisional Magistrate, the petitioners have come to this Court in revision. Mr. B.P. Sinha, learned counsel appearing on behalf of the petitioners, has urged that even if the allegations made against the petitioners be accepted at their face value, this would disclose an offence under Sec.186 of the Indian Penal Code and they can be prosecuted only under this section for voluntarily obstructing any public servant in the discharge of his public duties. Learned counsel has urged that there has been non-compliance with the provisions of Sec.195 of the Code of Criminal Procedure (hereinafter referred to as the Code) and as such this proceeding has to be quashed. Sec.195 of the Code lays down that no court shall take cognizance of any offence punishable under Sections 172 to 188 of the Indian Penal Code except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate. Mr. Sinha contends that in this case the Dalpati lodged information to the police station, but he did not lodge any complaint within the meaning of Sec. 4(h) of the Code before the Sub-