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A.J. Joshwa Vs. State Through Sardar Punjab Singh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in1965CriLJ824
AppellantA.J. Joshwa
RespondentState Through Sardar Punjab Singh
Excerpt:
- - he then filed a revision before the learned additional district magistrate who has recommended to this court for setting aside the order of the magistrate and for quashing the proceedings. the complaint in question not being filed by the public servant concerned was clearly barred by section 195 (a) of the code......allegations in writing to the superintendent of police, saharanpur, that the opposite party sardar punjab singh had put his hut on fire and thereby had committed an offence under section 438, i p. c. his application was forwarded to the station officer, sadar bazar, saharanpur, for investigation who submitted a final report as the allegations made by him were not found to be true,2. the opposite party sardar punjab singh thereafter filed a complaint before a magistrate under section 211, i. p. c., against the applicant. the applicant raised an objection that the complaint was barred by the provisions of section 195, criminal p. c., but it was overruled by the magistrate. he then filed a revision before the learned additional district magistrate who has recommended to this court.....
Judgment:
ORDER

H.C.P. Tripathi, J.

1. Applicant A. J. Joshwa made certain allegations in writing to the Superintendent of Police, Saharanpur, that the opposite party Sardar Punjab Singh had put his hut on fire and thereby had committed an offence under Section 438, I P. C. His application was forwarded to the Station Officer, Sadar Bazar, Saharanpur, for investigation who submitted a final report as the allegations made by him were not found to be true,

2. The opposite party Sardar Punjab Singh thereafter filed a complaint before a Magistrate under Section 211, I. P. C., against the applicant. The applicant raised an objection that the complaint was barred by the provisions of Section 195, Criminal P. C., but it was overruled by the Magistrate. He then filed a revision before the learned Additional District Magistrate who has recommended to this Court for setting aside the order of the Magistrate and for quashing the proceedings.

3. I have heard Mr. M. A. Ansari, learned Counsel for the applicant in support of the reference. None appears on behalf of Sardar Punjab Singh.

4. From the facts enumerated above, it is apparent that on the allegations made in the complaint the offence committed by the applicant comes under the purview of Section 182, I. P. C., inasmuch as he is alleged to have given false information to a public servant with a view to make him take action against the complainant. Therefore, the Court could take cognizance of an offence under Section 182, I. P. C., only if it was filed by the public servant concerned as is provided under Section 195 (1) (a) of the Code. The complaint in question not being filed by the public servant concerned was clearly barred by Section 195 (a) of the Code.

5. Even if it is held that the offence alleged in the complaint comes under the purview of Section 211, I. P. C., for the detailed reasons given in the order at reference, with which I agree, I am of opinion that the complaint was wholly incompetent and the offence alleged could not be taken cognizance by the Court in view of the provisions of Section 195 of the Code.

6. This reference is accepted. The order of the Magistrate dated 18-2.1963 is set aside and the proceedings pending before him on the complaint filed by the opposite party Sardar Punjab Singh against the applicant are quashed.


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