HARISH CHANDRA PATHAK Vs. ANIL VATE

JUDGEMENT

(1.) BY means of this application under Section 482 Cr. P. C. the applicant prays for quashing the orders dated 11 -4-85 and 5-6-85 passed by the C. J. M. , Meerut in Criminal Case No. 2985/9 of 1985-State v. Harish Chand Pathak.

(2.) THE relevant facts are these: on 21-12-82 at 4. 30 p. m. the F. I. R. was lodged by the applicant for the offence under sections 363, 511 I. P. C. against the opposite party No. 1 and others. The case crime no. 410 of 1982 was registered at Police station Kotwali, meerut against the opposite party and others under Sections 363, 511 i. P. C. After investigation final report was submitted. The final report was accepted by the A. C. J. M. on 24-3-83. An application was moved by the opposite party No. 1 on 11-12-83 for filing complaint against the applicant for the offence under Section 211 i. P. C. After hearing both the parties the application moved by the opposite party for filing complaint under Section 211 I. P. C. was allowed. The revision preferred by the applicant against the said order was dismissed by the Additional Sessions Judge vide judgment and order dated 31-10-87.

(3.) THE impugned orders have been challenged on the grounds that final report was accepted without giving notice to the applicant. The provisions of Section 195 (b) read with Section 340 Cr. P. C. require the Court to decide the question of necessity of prosecution before the filing of complaint. The court should have recorded a finding after holding enquiry that an offence referred to in Clause (b) of Section 195 Cr. P. C. appears to have been committed in relation to a proceeding of that Court.