1. This is an application in revision against an order of the learned Additional Sessions Judge of Budaun, confirming an order of a learned Magistrate of the first class, convicting Shri Chuni Lal of an offence under Section 182, Penal Code, and sentencing him to a fine of Rs. 200 or in the alternative one month's simple imprisonment.
2. The facts which have given rise to this application in revision are of a fairly simple nature. The applicant is a resident of village Mundia, P.S. Bisauli in the Badaun district. This village is a Town Area and it has a Town Area Committee, the election of which was to be held on 25.9.1948. The applicant was a candidate for the Chairmanship of the Committee. On the date in question members of the Town Area Committee were to be elected as also the Chairman. The applicant was being opposed by a gentleman, called Narendra Deo. It would further appear that on the date in question Section 144, Criminal P. C., was in force, orders under that section having been issued by the Sub-Divisional Officer, Shri J.N. Goel. Finding that he was getting defeated, the applicant went and made two applications, one to the Sub-Divisional Officer and the other to the Station Officer, Bisauli. They are Exs. 2 and 3 and they form the basis of the charge against him. In these applications he made wild allegations against the manner in which the election was being run on behalf of his rival candidate. He stated in these applications that the friends and supporters of Shri Narendra Deo were going about the village freely armed with lathis and weapons and holding out threats to the voters not to vote for the applicant. He further said that there was every apprehension of a breach of the peace, that the police had been doing nothing to avert it and that finding that a breach of the peace was imminent, he had come away to make a report. Allegations were further made by him that Narendra Deo and his supporters had been terrorising voters and holding out threats that they would not be allowed to live in the village, should they vote for the applicant and that in point of fact voters had been dragged out of their houses and not allowed to go to the polling booth to vote for him. A further allegation which was made by him was that in actual fact the kurta of a person called Sukhdarshan Lal had beentorn off. Actually 12 persons were specifically named by him as being responsible for the criminal activities referred to above.
3. On an inquiry into these allegations, it was discovered by the Sub-Divisional Officer that the complaint was of an absolutely false nature. The learned Sessions Judge has carefully reviewed the evidence in regard to the truth or otherwise of the complaint and he has come to the conclusion that there was no basis for the report made by him. On these findings, the learned Sessions Judge arrived at the conclusion that the applicant was guilty of an offence under Section 182, Penal Code.
4. Learned counsel for the applicant contends in this revision that his client cannot be convicted under Section 183, Penal Code, as there is nothing to show that it was his intention that the police should take any action on the report made by him. An essential ingredient of Section 182, Penal Code is that the information given to a public servant should have been given with the intention to cause, or knowing it to be likely that it will thereby cause such public servant (a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known to him or (b) to use the lawful power of such public servant to the injury or annoyance of any person. The argument of Mr. Saxsena is that these reports were intended to serve as pieces of evidence preparatory to a petition for setting aside the election. It may be that one of the objects of the applicant was to provide a basis for the election petition that he was intending to file. It does not follow from this, however, that the intention of the applicant was that the police should take no action on the report he was filing. It is true that there is no prayer that the police or the Sub-Divisional Officer should act in a particular manner; but it strikes me that a man's intention has to be gathered from his acts It is not unfair to infer from the report an intention on his part that the police or the Sub-Divisional Officer should use their lawful power to the injury of the person complained against, Twelve persons were charged with having committed an offence which would bring them within the clutches of Section 188, Penal Code. Specific allegations made against these persons could have brought them under Section 147, Penal Code. The inference to be drawn from the report is that these men were involved in acts of rioting. I am satisfied that the applicant acted in a most irresponsible manner. It is essential, in the interest of democracy, that serious notice should be taken of acts which would make elections a farce. The whole object of the applicant appears to have been to invite the police to act in a manner which would make the election a farcical affair. I confess that, in my opinion, the learned Sessions Judge and the learned Magistrate took a somewhat lenient view of the nature of offence committed by the applicant. Offences of this nature should be treated more severely. I have, however, come to the conclusion that it will serve no useful purpose if a notice of enhancement of sentence is given at this stage.
6. For the reasons given above, I maintain the conviction and the sentence and dismiss the application in revision.