K RAMA KRISHNAN Vs. STATION HOUSE OFFICER HOSDURG

JUDGEMENT

(1.) I have heard counsel for the petitioner and the Public Prosecutor. This is a petition filed under S. 482 of the Cr. P.C. hereinafter referred to as 'the Code', for quashing the proceedings in C.C. 228 of 1984. Alleging that one Raman trespassed into the house of the petitioner and criminally intimidated him at about 1.30 p.m. on 22-3-1984, the petitioner filed a criminal complaint before the Judicial First Class Magistrate, Hosdurg on 31-3-1984. The Magistrate forwarded the complaint under S. 156(3) of the Code to the respondent for investigation. After investigation, a refer report was filed. Thereafter, the petitioner filed a private complaint on the same facts before the same Magistrate. Petitioner and 4 witnesses were examined in an enquiry under S. 202 of the Code. Thereafter, the complaint was dismissed by the Magistrate under S. 203 of the Code on the ground that there are no sufficient grounds for proceeding with the complaint. Meanwhile the respondent filed a charge-sheet against the petitioner before the same court for an offence punishable under S. 211 of the I.P.C. The Magistrate took cognizance of the offence and the case is now pending before him as C. C. 228 of 1984. It is under the above circumstances that the petitioner happened to approach this Court. The petitioner's case is that the action of the respondent is incompetent, irregular and illegal and the action of the Magistrate in having taken cognizance of the offence is also illegal.

(2.) In order to constitute an offence punishable under S. 211 of the I.P.C. for which the respondent has filed charge-sheet, there must be institution or causing the institution of any criminal proceeding or falsely charging any person for having committed an offence. That must be with intent to cause injury to the person. So also it must be with the knowledge that there is no just or lawful ground for such proceeding or charge. Commission of an offence punishable under S. 211 need not necessarily be in or in relation to any proceeding in any court. The offence can be committed independent of any proceeding in any court.

(3.) Section 195(1)(b)(i) of the Code provides that no court shall take cognizance of any offence punishable under sections of the I.P.C. including S. 211, when such offence is alleged to have been committed in or in relation to, a proceeding in any court, except on the complaint in writing by that court, or of some other court to which that court is subordinate. That provision is applicable to S. 195(1)(b)(ii) and (iii) also. So also S. 195(1)(a)(i), (ii) and (iii) provide that in relation to the offence mentioned in those provisions, no court shall take cognizance except on the complaint in writing of the public servant concerned or some other public servant to whom he is administratively subordinate. In this case we are concerned only with S. 195(1)(b)(i).