The words "complaint in writing" in Section 195 (1) (a) of the Code of Criminal Procedure mean a formal complaint as defined in Section 4 (1) (h) of the Code, and not merely a police report or a complaint by someone other than the public officer concerned or his superior.

WANCHOO, C. J.

( 1 ) THIS is a reference by the Additional Sessions Judge at Palanpur against the order of the Judicial Magistrate First Class, Abu Road, in connection with a criminal case pending before the Judicial Magistrate. It has come to us as it relates to the abu area which has been integrated with Rajasthan under the States reorganisation Act.

( 2 ) THE facts of the case are briefly these. Sindhi Nathuram Atmaram is said to have gone to the office of the Administrator of the Abu Road Municipality at about 1 P. M on the 16th of January, 1956, and obstructed the Administrator in the discharge of his official duties and threatened him. On this, the Administrator reported the matter to the Sub-Inspector concerned. The Sub-Inspector investigated the case and made a complaint to the Magistrate against the accused. When the accused appeared in Court he raised an objection that in view of Section 195 (1) (a) of the Code of Criminal Procedure the Magistrate had no jurisdiction as no complaint had been made by the public servant concerned in writing or by anyone superior to the public servant. The magistrate overruled this objection. Thereupon, there was a revision by the accused before the Additional Sessions Judge and that is how this reference has been made by him.

( 3 ) SECTION 195 (1) (a) of the Criminal Procedure Code reads as follows :

"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. "

( 4 ) READING this section as it stands the plain meaning to our mind is that a Court can only proceed to try a person of an offence punishable under Section 172 to 188 of the Indian Penal Code if there is a complaint in writing before it either of the public servant concerned or of some other public servant to whom he is subordinate. The definition of "complaint" can be found out by looking at Section 4 (1) (h) of the Code of Criminal Procedure. Clauses (b) and (c) of Section 195 (1) also speak of a similar complaint in writing and we have no doubt that the meaning of these clauses is that there should be a complaint in writing before the Court which is to take cognizance, either of the public servant concerned or of his superior or of the court concerned or of the superior Court. The reason for this provision in Section 195 is that in this class of cases the legislature intended that the Court should only take cognizance when there is a formal complaint in writing before it of the person concerned and not otherwise. Some High Courts have however taken the view that the words complaint in writing appearing in Section 195 (1) (a) do not refer to a complaint as denned in section 4 (1) (h) of the Criminal P. C. , and what they really mean is that the proceedings culminating in a complaint or challan before the Court should have been started at the instance of the public servant concerned or of his superior. If this was the intention of the legislature, there was in our opinion no use in providing Section 195 (1) (a) for nobody would think of filing a complaint or presenting a challan to a Court of matters covered by Section 195 (1) (a), if the public servant concerned had no grouse, if we may use this colloquial word in this connection. Therefore when the words complaint in writing appear in Section 195 (1) (a), they refer to la formal complaint as denned in Section 4 (1) (h ). We should have thought that much argument was not required to come to this conclusion; but as some High Courts have taken what is called a liberal view, we may refer to the decisions of various High Courts in India on this point.

( 5 ) IN Banshilal Dukhiram v. The State, AIR 1954 Nag 30 (A), the Nagpur High court has taken the view that the words complaint in writing in Section 195 (1) (a) mean a formal complaint as required by Section 4 (1) (h ). In Makaradhwaj sahu v. Th