Public servant obstruction complaints require filing by the officer's real superior with supervisory and controlling authority.

A complaint for obstruction of a public servant under Sections 183 and 186 IPC is valid only if filed by the public servant concerned or by an officer who has supervisory and controlling authority over that person. The court applied this test to hold that the amin executing process was under the charge of the Nazir and subject to the supervision of the Subordinate Judge, not the District Munsiff. The District Munsiff therefore lacked authority to lodge the complaint, rendering it incompetent. The revision was allowed and the matter was returned for filing by the competent authority.

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Issues: Whether a complaint for offences under Sections 183 and 186 of the Indian Penal Code, 1860 could validly be filed by the District Munsiff when the obstructed amin was not his subordinate.

Analysis: A complaint for obstruction of a public servant may be made by the public servant concerned or by a person to whom he is subordinate. The relevant test is whether the officer filing the complaint has supervisory and controlling authority over the public servant obstructed in the discharge of his duties. Here, the amin executing process was under the charge and direction of the Nazir and subject to the supervision and control of the Subordinate Judge, not the District Munsiff. The District Munsiff therefore lacked the requisite authority to lodge the complaint.

Conclusion: The complaint filed by the District Munsiff was not competent, and the revision was allowed.

Final Conclusion: The criminal complaint was held invalid for want of proper authorisation, and the matter was directed to be returned so that it could be filed by the competent authority.

Ratio Decidendi: For offences involving obstruction of a public servant, the complaint must be made by the public servant obstructed or by an officer who is his real superior in the sense of supervisory and controlling authority.

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