DUJAI Vs. STATE

JUDGEMENT

(1.) This is a revision filed against an order of Sri H.A. Safwi Temporary Additional Sessions Judge, Kheri dated the 15th of October, 1960 by which he directed that the District Magistrate of Lakhimpur should enquire into the complaint filed by one Banwari against the applicant under Section 211 I.P. 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 January, 1959 against one Daya Shanker and several others under Section 302/149 I.P.C. 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 persons by his order dated the 30th of November, 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 Section 182 I.P. Code. Then on the 17th of December, 1959 Banwari complainant who is a brother of Daya Shanker filed a complaint under Section 211 I.P. Code before the Judicial Officer Lakhimpur. A preliminary objection, was taken that the court could not take cognizance of this complaint as the mandatory provisions of Section 195 Cr.P. 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 same 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.