A J JOSHWA Vs. STATE

JUDGEMENT

(1.) Applicant A. J. Joshwa made certain allegations in writing to the Superintendent of Police, Saharanpur, that the opposite party Sardar Punjab Singh had put his hut on fire and thereby had committed an offence under Section 438, I P. C. His application was forwarded to the Station Officer, Sadar Bazar, Saharanpur, for investigation who submitted a final report as the allegations made by him were not found to be true,

(2.) The opposite party Sardar Punjab Singh thereafter filed a complaint before a Magistrate under Section 211, I. P. C., against the applicant. The applicant raised an objection that the complaint was barred by the provisions of Section 195, Criminal P. C., but it was overruled by the Magistrate. He then filed a revision before the learned Additional District Magistrate who has recommended to this Court for setting aside the order of the Magistrate and for quashing the proceedings.

(3.) I have heard Mr. M. A. Ansari, learned Counsel for the applicant in support of the reference. None appears on behalf of Sardar Punjab Singh.