This revisional application is directed against the order passed by the learned Chief Judicial Magistrate, Alipore in Case No. C-1406 of 1980 on the 25th April, 1981 rejecting the application of the petitioner to dismiss the complaint case under S.188 I.P.C. filed against him for alleged disobedience of an order made under S.144 of the Code of Criminal. Procedure by Shri A. Mukherjee, Executive Magistrate, Alipore, 24-Parganas, on the ground that the complaint was filed by Shri A.K. Chakravorti, Executive Magistrate who as successor in office of Shri A. Mukherjee, Executive Magistrate, was not competent to file the complaint against the petitioner.

2. It appears that learned Chief Judicial Magistrate, Alipore has held that the position of law on the point taken by the petitioner is not very clear and that he has no jurisdiction to quash the order of taking cognizance on the complaint.

3. It is submitted by the learned Advocate for the petitioner before this Court that the expression "public servant concerned" in S.195(1)(a) of the Code of Criminal Procedure refers exclusively to the person holding the office of public servant while making the order under S.144 of the Code fo