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.) AN order under sub-section (2) for discharging the accused could be passed by the trial court only if the following three conditions were fulfilled : (i) the documents referred to in Section 173 of the Code of Criminal Procedure have been considered ; (ii) examination of the accused if the Magistrate considers it necessary and (iii) prosecution and the accused have been given an opportunity of being heard.