DUJAI Vs. THE STATE AND ANOTHER

JUDGEMENT

(1.) This is a revision filed against an order of Sri H. A. Safwi Temporary Additional Sessions Judge, Kheri dated the 15th of Oct., 1960 by which he directed that the District Magistrate of Lakhimpur should enquire into the complaint filed by one Banwari against the applicant under Sec. 211 Indian Penal Code or he should transfer it to some other competent Magistrate.

(2.) Before making any comments I propose to give the relevant facts. Dujai, the applicant, filed a report on the 11th of Jan., 1959 against one Daya Shanker and several others under Sec. 302/149 Indian Penal Code and some other penal provisions. When this report was investigated the police found that Daya Shanker was falsely implicated as he was in the police lock-up at the relevant time and could not have participated in the crime. The police however, prosecuted the others named by Dujai. The case came for trial before Sri K. N. Prasad, Sessions Judge, Lakhimpur Kheri, and he acquitted all the accused persona by his order dated the 30th of Nov., 1959. The Sessions Judge 'Suo Motu' did not take any action against Dujai nor did he give any direction that the police should prosecute him under Sec. 182 Indian Penal Code. Then on the 17th of Dec., 1959 Banwari complainant who is a brother of Daya Shanker filed a complaint under Sec. 211 Indian Penal Code before the Judicial Officer Lakhimpur. A preliminary objection was taken that the court could not take cognisance of this complaint as the mandatory provisions of Sec. 195 Criminal Procedure Code barred the entertainment of such complaints. This objection was rightly upheld by the Magistrate and he dismissed the complaint.

(3.) Banwari then went up in revision against the dismissal of his complaint and this revision came up before Sri H. A. Safwi, Temporary Additional Sessions Judge, Kheri, who set aside the order of the Magistrate and directed that he should proceed with the complaint filed by Banwari.