J C CHOPRA Vs. STATE,

JUDGEMENT

(1.) THE controversy raised is as to whether the Superintendent of Police could have competently filed the complaint under Section 182 of the Indian Penal Code and would the court be competent to proceed with the same ? The circumstances which furnish back ground to the abovesaid controversy are that a report dated 28th October, by Superintendent of Police, Darya Ganj, under Section 380 of the Indian Penal Code to the effect that one Bhag Singh in spite of being asked to defer doing that took away the car in the custody of the petitioner in which certain valuable documents along with cash and ornaments were lying. The report made by the petitioner caused the police to investigate and the ultimate conclusion reached was that the report was false. It is quite intriguing as to why the police resorted to an application for getting the order for cancellation of the case. That matter, however, had nothing to do with the filing of the complaint by the police under Section 182 of the Indian Penal Code. The two actions are wide apart and deserve to be seen in that way. Section 182 of the Code is : -

(2.) SECTION 211 would be applicable only where any person institutes or causes to be instituted any criminal proceeding with an intent to cause injury to the person whom he may falsely charge with the commission of an offence. The submission of an application by the police for cancellation of the case on the conclusion of the investigation revealing that the report lodged by the present petitioner was false was not an action performed within the purview of Section 211 of the Indian Penal Code.

(3.) IF a reference is made to Section 195 of the Code of Criminal Procedure, then clause (a) thereof says :