JUDGMENT 1. - This petition under Section 482 Cr.PC. seeks quashing of the order dated 20.6.2002 passed by the learned Sessions Judge, Churu in Revision No. 33/2001 whereby the order dated 31.8.1999 passed by the learned Judicial Magistrate 1st Class, Sardarshahar in Cr. Case No. 311/99 taking cognizance of the offence under Section 174 I.P.C. against the petitioner has been confirmed. 2. The relevant facts are that the petitioner was Sub-Inspector at Taranagar. He was required by the learned Judicial Magistrate Sardarshahar to produce the case diary of F.I.R. No. 220/98 but it appears that he neither appeared nor produced the case diary whereupon the learned Magistrate vide order dated 31.8.1999 look cognizance of the offence under Section 174 I.P.C. against him. The criminal revision filed by the petitioner against the said order was dismissed by the learned Addl. Sessions Judge, Churu vide impugned order. Hence this petition. 3. It has been contended by the learned counsel for the petitioner that the impugned orders are illegal and in flagrant contravention of the provisions of Section 195 Cr.PC. Learned Public Prosecutor also could not defend the orders passed by the learned' courts below. 4. It would be useful and apposite to extract the relevant portion of Section 195 Cr.P.C. which is as under: 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. - (1) No Court shall take cognizance (a) (1) of any offence punishable under Sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 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. 5. It is apparent from the perusal of the aforesaid provisions that the offence under Section 174 I.P.C. is one of the offences mentioned in Clause (a) (i) of sub-section (1) of Section 195 Cr.RC., the cognizance of which can be taken by a court on the basis of a complaint In writing of the public servant concerned or of some other public servant to whom he Is administratively subordinate. But in the instant case as Is evident from the order dated 31.8.1999 the learned Judicial Magistrate has Instead of filing a complaint against the petitioner for the offence under Section 174 I.P.C. taken cognizance of the said offence against the petitioner which is prohibited In the aforesaid provision of Clause (a) (i) of sub-section (1) of Section 195 Cr.RC. and that too without affording any opportunity to the petitioner to show cause against the proposed action which is against the principles of natural justice. Hence, the impugned order is unsustainable for both these reasons and deserves to be quashed, as it tantamounts to abuse of the process of the Court. 6. In the result, this petition is allowed and the impugned, order dated 20.6.2002 passed by the learned Sessions Judge, Churu and order dated 31.8.1999 passed by the learned Judicial Magistrate Ist Class, Sardarshahar are hereby quashed.Petition Allowed. *******