A complaint under Section 182 of the IPC can only be filed by the public servant concerned or some other public servant to whom he is administratively subordinate.

B.S.Nehra, J.

1. This is a petition under section 482 of the Criminal Procedure Code for quashing complaint dated 12.10.1987, copy Annexure P.1, and notice/charge dated 6.1.1988, copy Annexure P-2, and the proceedings initiated on the basis of the complaint, copy Annexure P.1, in the case titled "State v. Sardari Lal" pending in the Court of Shri. S.S. Arora, Chief Judicial Magistrate, Amritsar.

2. The facts of the case are that respondent No. 2 filed a complaint on behalf of respondent No. 1, copy Annexure P-1, under section 182 of the Indian Penal Code (hereinafter referred to as `the Code) against the petitioner. The Chief Judicial Magistrate, Amaritsar, framed charge-sheet against the petitioners and issued notice to him copy of which is Annexure P-2. The petitioner has alleged that the complaint copy Annexure P-1, and charge, copy Annexure P-2, and the entire proceedings of the case initiated on the basis of the said complaint are liable to be quashed on the grounds, inter- alia, that respondent No. 2 is not competent to file the complaint against the petitioner and that the complaint is barred under section 195 of the Cr. Procedure Code and, therefore, the trial Court could not take cognizance of the offence.

3. In the complaint, it has been alleged that respondent No. 2 had addressed certain complaints to the Prime Minister with copies, inter alia, to the Inspector General of Police and Senior Superintendent of Police, Amritsar. Those complaints appear to have been investigated by Inspector Surinder Singh, S.H.O. Police Station Civil Lines, Amritsar, who found the complaint filed by the petitioner to be false and this resulted in the complaint being filed under section 182 of the Code against the petitioner for allegedly making false complaints to the Prime Minister and other authorities.

4. In the reply filed by respondent No. 2, it has been stated that the complaint filed, under section 182 of the Code by him against the petitioner discloses a cause of action and the (respondent No. 2) is competent to file the complaint and further that the trial Court is also competent to take cognizance of the offence.

5. The sole question for determination in this case is whether respondent No. 2 had the locus standi to file the complaint against the petitioner. It is not disputed by the learned counsel for the respondents that none of the complaints addressed to the Prime Minister and other Officers were addressed to respondent No. 2 in his capacity as Inspector, S.H.O., Police Station Civil Lines, Amritsar. In this background, it has to be considered whether he (respondent No. 2) could institute the proceedings by way of a complaint against the petitioner. It is necessary in this context to notice the provisions of section 195 of the Criminal Procedure Code. It reads, in so far as it is relevant for the point under consideration, as under :-

"195(1) No Court shall take cognizance - (a) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 to 1860), or, (ii) of any abetment of, or attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit such offence. except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, Sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228 when such offence is alleged to have been committed in, or in relation to any proceeding in any court, or

(ii) of any offence described in Section 463, or punishable under Section 471 section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit, or attempt to commit or the abetment of, any offence specified in