SANT RAM Vs. DASHRATH AND OTHERS

JUDGEMENT

(1.) THIS application in revision arises out of a complaint filed by the Applicant in respect of an alleged offence of theft said to have been committed at his house on the night between 17/18 -7 -1965. It was alleged that four persons were noticed inside the house attempting to commit theft, two out of whom were even apprehended on the spot. These two persons were taken to police station Rudhauli where a report was made about the occurrence. The police investigated the case but found the allegations to be wrong and consequently submitted a final report in respect of it. The police, it appears, having found the first information report made by the present Applicant to be false, started proceedings Under Section 182 of the IPC for having given information which he knew or believed to be false.

(2.) THE Applicant then filed a complaint in the court of the Judicial Magistrate, Bansi, Under Section 190(1)(a) of the Code of Criminal Procedure which complaint was referred by the Magistrate for investigation. The order which was passed on 5 -8 -1965, does not mention the provision under which the police investigation was ordered. The Station Officer Rudhauli police station, reported that the story of the complainant was not found true on investigation , that one Kirpa Shanker Pandey was behind the screen and was instigating the persons who had formed a party against one Bahori. On receipt of this report dated 14 -8 -1965, the Magistrate passed an order : "The complaint is dismissed per this report of S.O. Inform counsel for complainant accordingly."

(3.) THE Applicant has now come up in revision before this Court, but while the legality of the dismissal of his complaint is challenged in the grounds of revision, the prayer of the Applicant is: