a
complaint in regard to dishonour of a cheque is made by a Government
company, represented by its officer who is a public servant, whether ... appellant which
is a government company is not a `public servant', but every employee of
the appellant is a `public servant'.
The issue
making a complaint.
16.Therefore, it is very clear from the above judgments that there must
be a complaint by a public servant ... inform about the same to the public servant
concerned/authorised, to enable such public servant to give a complaint in
writing before the jurisdictional Magistrate
Obstructing public servant in discharge of public
functions.--Whoever voluntarily obstructs any public servant
.
in the discharge of his public functions, shall be punished with ... cither give a sanction or make a complaint and
that seems to me to exclude the idea that a public servant may
make a complaint
making a complaint.
16.Therefore, it is very clear from the above judgments that there must
be a complaint by a public servant ... inform about the same to the public servant
concerned/authorised, to enable such public servant to give a complaint in
writing before the jurisdictional Magistrate
sanctity attached to a complaint lodged by none
other than a civil judge. In a complaint lodged by a public servant, even
verification ... public servant concerned, or some other
public servant to whom he is subordinate. The statute thus requires
that without a complaint in writing
under Section 202 of
the Cr.P.C. on a complaint registered by a public
servant vitiates entire proceedings ... under Section 202 of
the Cr.P.C. on a complaint registered by a public
servant vitiates entire
Section 195(1)(a) of the Code, the Magistrate can
take cognizance only on a written complaint by a public servant concerned
or some other ... inform about the same to the public servant
concerned/authorised, to enable such public servant to give a complaint in
writing before the jurisdictional Magistrate
complainant in a case instituted upon a complaint of a private person and not upon the complaint of a public servant or of a court ... upon a complaint by a private prosecutor and that it does not cover a case instituted upon a complaint made by a public servant
author of the complaint. In a way, a presumption is raised that such a court or a public servant, acting or purporting ... allegations in the complaint, the very fact that a written complaint is made by a court or a public servant, may suffice in the later
author of the complaint. In a way, a presumption is raised that such a Court or a public servant, acting or purporting ... allegations in the complaint, the very fact that a written complaint is made by a Court or a public servant, may suffice in the latter
