A Magistrate can take cognizance of offences punishable under Section 193/194 Indian Penal Code only on a complaint in writing of the Court.

1. By this petition under section 482 Cr. P.C. the petitioner has requested this Court to quash the proceedings pending against him in the Court of the Judicial Magistrate, Shahpura, in Criminal Case No. 47/1974 under S. 193/194 Indian Penal Code for the last more than two decades and thus prevent the abuse of the process of the said Court.

2. The relevant facts, in brief, are that regarding an incident of 'marpit' with him and his brother Ghanshaym on October 26, 1973 at 7.30 P.M. by one Shri Mohan Lal son of Shri Madan Lal, the petitioner had submitted a written report on that day at Police Station, Shahpura whereupon crime No. 176/1973 under Section 324/379 Indian Penal Code was registered. After investigation a report under section 173 Cr. P.C. was submitted on 22.07.1994 by the police against the aforesaid Mohan Lal in the Court of the learned Judicial Magistrate Shahpura and Criminal Case No. 433/1974 for offences under Section 323/325 Indian Penal Code was registered. In respect of the same incident the petitioner had also filed a private complaint against the aforementioned Mohanlal and seven others in the Court of the same Judicial Magistrate. On the basis of this private complaint Criminal Case No. 18/163 of 1973 was registered on November 20, 1993 against Mohanlal and seven others for offences under Sections 147, 325, 307/149 Indian Penal Code on July 27, 1974. The two cases; one registered on Police report and the other on private complaint, were consolidated by the learned Magistrate. By that time the New Code of Criminal Procedure, 1973 had come into force w.e.f. April 1, 1974. The learned Magistrate, therefore, committed the case to the Court of Sessions at Jaipur on 28th August, 1974 against all the eight persons. The learned Sessions Judge, however, discharged all the accused save Mohanlal vide his order dated October 3,1974 and the order of discharge so passed was also confirmed by this Court on December 15,1978 in S.B. Cr. Revision Petition No. 466/1974.

3. While the committal proceedings were still pending before the learned Magistrate, Madan Lal, accused filed an application dated 6th August, 1974 complaining to the Magistrate that the petitioner had falsely stated in his statement recorded under section 200 Cr. P.C. that he had not lodged any FIR in the case whereas he had filed one whereupon report under S. 173, Criminal Procedure Code was submitted by the police against Mohanlal. Prosecution of the petitioner for offences under Section 193/194 Indian Penal Code was prayed for in this application. The petitioner opposed this application on several grounds but the learned Magistrate took cognizance of offences under Section 193/194 against the petitioner on November 27,1974 and registered criminal case No. 47/1974 against him on December 17,1974. He directed the Assistant Public Prosecutor attached to his Court to be the Incharge of the prosecution and prepare a regular complaint to be filed in his Court. Nothing was done for a long time and ultimately on November 20, 1984 the petitioner was charged with the offence under Section 193 Indian Penal Code. Since then no witness has been examined by the prosecution.

4. I heard the learned counsel for the petitioner and the learned P.P. for the State at sufficient length and closely studied the record of proceedings of the Court of the learned Magistrate. The record of the proceedings held by the learned Magistrate who dealt with this case represents not only their legal incompetancy but also lack of consciousness on their part to see that the process of the Court is not abused and courts do not become the forum of harassment to the litigant public.

5. It is evident that the learned Magistrate in total disregard of the provisions of Section 195(1)(b) Cr. P.C. took cognizance of the offences punish- able under Section 193/194 Indian Penal Code at a stage of the proceedings when the court of Sessions at Jaipur and thereafter this Court was seized of the matt