LAWS(DLH)-1968-1-15

SIYAM SINGH Vs. STATE

Decided On January 10, 1968
Siyam Singh Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS Criminal Revision Application has been filed against the judgment of the learned Sessions Judge, Mahasu and Kinnaur Districts, dated 2.6.1967, in Criminal Revision No. 9/K/10 of 1967, confirming the order passed by the Magistrate, 2nd Class, Kalpa, District Kinnaur (H. P.), dated 31.12.1966, whereby the learned Magistrate held that a complaint regarding an offence under Section 182, Penal Code., filed against the petitioner herein, was in order.

(2.) THE facts which have given rise to this Revision Application may be briefly stated. The petitioner herein, Sujjan Singh, lodged a report on 29.7.1965, at the police post, Sangla, that a burglary had taken place in his house and currency notes of the value of Rs. 735/ - had been stolen. On investigation, the police found the report to be false. Thereupon, the Station House Officer, Kalpa, sought to file a complaint alleging an offence under Section 182 of the Penal Code against the petitioner herein, in the Court of the Sub -Divisional Magistrate, Kalpa. The Station House Officer sent the complaint to the Prosecuting Inspector, Shri S. D. Vasudeva, who presented it in the Court of the Sub -Divisional Magistrate, Kalpa, on 19.9.1966. On the same date, the Sub -Divisional Magistrate, Kalpa, passed the following order.

(3.) AGAINST that order of the learned Magistrate, a revision petition was filed in the Court of Shri Rajendra Nath Aggarwal, Sessions Judge, Mahasu. The learned Sessions Judge, by his judgment, dated 22.6.1967, held that the order of the Magistrate was correct, and dismissed the revision petition. It is against that judgment that the present Criminal Revision Application has been filed in this Court.