BABU LAL Vs. STATE

JUDGEMENT

(1.) This is an application in revision filed by Babu Lal who has been convicted under Section 182, IPC and sentenced to a fine of Rs. 150/ - in default to six weeks rigorous imprisonment.

(2.) The prosecution case was that the applicant had lodged a report on 8-1-54 at the policy station Achhanara alleging that a burglary had taken place at the house and some of his property had been stolen. On investigation it was found that the report was false and thereafter the applicant was challaned under Section, 182, IPC and the Magistrate convicted him as mentioned above, There was a revision application before the Sessions Judge who dismissed the application in revision point of jurisdiction has been taken which was not taken in either of the courts below.

(3.) It was urged that no complaint under Section 182. IPC can be entertained by a court except on a complaint, in writing by a public servant concerned. It was contended that so far as this application is concerned, there had been no complaint. It was argued that there was only a police report made by one of the officers to another officer which will not amount to a complaint under Section 195, Code of Criminal Procedure. It was contended that so far as the word "complaint" is concerned, i has been defined in Section 4(f) of the Code of Criminal Procedure and a police report has been expressly excluded from the definition of a complaint.