B NSUBBA RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The Petitioner has been convicted Under Section 182 for making a false complaint against one Avani Munivenkatappa alleging illicit manufacture of toddy. The complaint, was made to the daffedar Malur on 8-10-52 and after Investigation a B report was filed. Sanction was ob tained from the Superintendent of Police to pro- secute the Petitioner for making a false com plaint and a charge-sheet was filed in Court for the same. The prosecution examined seven witnesses and two were examined on behalf of the Petitioner. The learned Magistrate dis- believed the evidence in support of the defence, convicted the petitioner and sentenced him to pay a fine of Rs. 30/-.

(2.) Sri Ranga Rao Kadom, learned counsel for petitioner, contended that the conviction is illegal on the ground that the condition necessary for the initiation of the proceedings has not been satisfied and that it is unwarranted since there is no finding that the Petitioner's complaint was false to his knowledge. The first ground la based on Section 195(1)(a), Criminal P. C., which reads as follows:

(3.) Accused acquitted.