For violation of an order under section 144 of the Code of Criminal Procedure dated the 12th of June, 1969, passed by Shri S.N. Sahai, Sub-divisional Magistrate, Sadar, Patna a complaint was filed on the 23rd of January, 1970 by Shri A. Kumar acting as Sub-divisional Magistrate, Sadar, Patna before the Sub-divisional Magistrate, Sadar, Patna against the petitioner. Cognizance was taken by Shri S.N. Sahai, the Sub-divisional Magistrate on the 29th of January, 1970 and he transferred the case to the file of a Judicial Magistrate for disposal. By the present application the petitioner seeks to get the order of taking cognizance quashed.

2. It has been submitted by the learned counsel for the petitioner that cognizance taken is erroneous in law in view of the provisions of section 195 (1)(a) of the Code of Criminal Procedure. It says inter alia that no court shall take cognizance of any offence punishable under section 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.

In the present case, disobedience was of the order of Shri S.N. Sahai the Sub-divisional Magistrate and as