STATE Vs. RAKHA

JUDGEMENT

(1.) This is an appeal by the State against an order passed by the Sub-Divisional Magistrate, Saharanpur dated 4--9--1972 discharging the Respondent.

(2.) The facts giving rise to this appeal are that Rakha made an F.I.R. at P.S. Fatehpur in district Saharanpur on 5--2--1971 at 7.30 a.m. to the effect that on the night between 4/5--2--1971 at 4 a.m. Salim, Alauddin, Doctor and Arshad set fire to his thatch in which Akhtar and Zaffar were sleeping and four bullocks were tethered and thereby caused demage to him for Rs. 2000/-. It appears that Fatehpur Police after investigation of the case came to the conclusion that the F.I.R. was false and groundless. Accordingly on 9--3--71 the Fatehpur police submitted a report to the learned S.D.M. Saharanpur for prosecuting the complainant Rakha of an offence under Section 182 IPC.

(3.) Rakha was accordingly summoned by the learned Magistrate and the prosecution was directed to furnish him copies of the statements of the witnesses. The learned Magistrate gave as many as four opportunities to the prosecution for furnishing the copies of the statements made by them during investigation but the prosecution failed to do so. The learned Magistrate thereupon passed an order discharging the Respondent.