NANJUNDAIAH Vs. RANGAIAH

JUDGEMENT

(1.) This Criminal Revision is directed against the order of the Munsiff and Judicial Magistrate First Class, Gubbi. dismissing the complaint of the petitioner under section 203 of the CrlPC.

(2.) The complaint case was that the petitioner alone was cultivating 13 Acres 2 Guntas of land situate in Survey No. 148 of Kadaba village. The pahani entries in favour of petitioner reveal that right from; 1967-68 upto 1974-75 he was cultivating the land personally According to the complainant the respondent-accused who is the , village Accountant wanted to help one Tirumalaiah. and therefore made a false entry in his favour in the pahani for the year 1975-76. In the complaint it was mentioned that some proceeding was pending before the Land Tribunal and in that connection the pahani for the year 1975-76 was intended to be used in favour of Tirumalaiah. According to the complainant the entry was false and since it was intended to be used in a judicial proceeding, the offence under Section 193 of the IPC was committed.

(3.) After receiving the complaint, since the offence was non-cognizable, investigation was sought for under Sec.155(2) of the CrlPC and during the course of that investigation it was found that the impugned entry was false and it was made by the accused in order to help Tirumalaiah. The police reported that a case under S.193 of the IPC was prima fade established against the accused.