SOMCHAND SANGHVI Vs. BIBHUTI BHUSAN CHAKRAVARTY

JUDGEMENT

(1.) This is an appeal against the judgment of the Calcutta High Court quashing the issue of process against the respondent.

(2.) The respondent is an Assistant Commissioner of Police in the City of Calcutta and the appellants had made a complaint against him alleging that he had committed an offence under S. 348, I. P. C. that is, wrongful confinement in order to extort a confession or compel restoration of property. The facts as alleged by the appellant are as follows:

(3.) One Manoharlal Seth had lodged a complaint on July 28, 1960 against him and two other persons Fatehlal and Jaichand for offences under S. 120B/420, I.P. C. and S. 420 I. P. C. Manoharlal Seth had alleged in his complaint that these persons had induced him to purchase a bar of brass for Rs. 6000/- on the representation that it was of gold and thus duped him. Upon this complaint investigation was taken up by the police. He came to know Manoharlal Seth in the course of his business. They were on quite friendly terms in the beginning and later on considerable differences arose between him and Manoharlal Seth. As a result of that Manoharlal Seth told him that unless he settled his differences with Manoharlal Seth according to the latter's dictates he would put him into trouble through his friend, the respondent; and that it is because of this that Manoharlal lodged a complaint against him for cheating. This complaint was thus a false complaint and it is common ground that ultimately it was dismissed by the Presidency Magistrate, 8th Court, Calcutta on January 2, 1961.