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Barkatullah Vs. Sadho Kalwar and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in17Ind.Cas.791
AppellantBarkatullah
RespondentSadho Kalwar and ors.
Cases Referred and Hardwar Pal v. King
Excerpt:
penal code (act xlv of 1860), sections 182 and 211 - false information to police. - - it is contended before me on behalf of the applicant that the offence of laying false information to the police falls under section 182 of the indian penal code as well as under paragraph 1 of section 211 of the indian penal code. 510. on the authority of these cases, it is clear that the offence complained of by the applicant and alleged to have been committed by the opposite party does fall under the first paragraph of section 211 of the indian penal code......the code of criminal procedure, to prosecute the three informants under section 211 of the indian penal code. the magistrate rejected the application on the 6th of march 1912, holding that the offence, if any, of the three informants fell under section 182 of the indian penal code and not under section 211 of the indian penal code. the applicant preferred a revision to the court of the sessions judge from the order of the magistrate. the learned judge is of opinion that section 211 of the indian penal code would apply only in cases where the alleged false information related to cognizable offences. he also rejected the application. it is contended before me on behalf of the applicant that the offence of laying false information to the police falls under section 182 of the indian penal.....
Judgment:

Rafique, J.

1. The facts which have given rise to the present application in revision are as follows:

2. On the 2nd of December 1911, Sadho Mewa and Bhairon, the opposite party, informed the Police that Barkatullah, the applicant and one other parson, had slaughtered a cow in their house, the blood of which had flowed out into the street. The Police inquired into the report but no further action was taken in the matter.

3. On the 19th of January 1912, Barkatullah filed an application before the Magistrate at Azamgarh, asking for sanction under Section 195 of the Code of Criminal Procedure, to prosecute the three informants under Section 211 of the Indian Penal Code. The Magistrate rejected the application on the 6th of March 1912, holding that the offence, if any, of the three informants fell under Section 182 of the Indian Penal Code and not under Section 211 of the Indian Penal Code. The applicant preferred a revision to the Court of the Sessions Judge from the order of the Magistrate. The learned Judge is of opinion that Section 211 of the Indian Penal Code would apply only in cases where the alleged false information related to cognizable offences. He also rejected the application. It is contended before me on behalf of the applicant that the offence of laying false information to the Police falls under Section 182 of the Indian Penal Code as well as under paragraph 1 of Section 211 of the Indian Penal Code. For the opposite party, this contention is questioned. There is no doubt that some of the High Courts have held that the offence of laying false information to the Police falls under Section 182 of the Indian Penal Code only. But the current of ruling's in this Court is otherwise. It has been held in several cases by this Court that the offence of laying false information to the Police falls under the first paragraph of Section 211 also, vide King-Emperor v. Jagmohan 6 A.L.J. 989 : 4 Ind. Cas. 812 : 11 Cr. L.J. 54 and Hardwar Pal v. King-Emperor 10 A.L.J. 61 : 13 Cr. L.J. 701 : 34 A. 522 : 16 Ind. Cas. 510. On the authority of these cases, it is clear that the offence complained of by the applicant and alleged to have been committed by the opposite party does fall under the first paragraph of Section 211 of the Indian Penal Code. I, therefore, set aside the orders of the lower Courts and direct that the application be disposed of by the Magistrate according to law.


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