NARMAD PRASAD VISHWAKARMA Vs. AJAY TIWARI

JUDGEMENT

(1.) At the request of learned counsel for the parties, heard them finally.

(2.) The applicant has challenged the order dated 21.12.2013 passed by the JMFC, Jabalpur (Shri Yashpal Singh) in Criminal Complaint Case (the registration number is not given on the certified copy of the impugned order) whereby, a complaint was registered against the applicant of offence under Section 211 of I.P.C. Facts of the case in short, are that, the applicant had lodged an FIR on 13.10.2011 at Police Station, Lordganj against unknown persons. Thereafter, on 17.10.2011 the applicant appeared before the S.H.O P.S. Lordganj and submitted an intimation that the incident was caused by the respondent and therefore, a false FIR was lodged. In this connection a defamatory matter was also published in daily newspaper Bhaskar on 18.10.2011. After due investigation SHO, Lordganj, found that the FIR was not correct and therefore, a final report of closure of the case was submitted before the Chief Judicial Magistrate which was accepted on 22.6.2012. Thereafter, the respondent has moved a criminal complaint to register offences under Sections 182, 211 and 499 of I.P.C. By the impugned order the learned JMFC registered a complaint of offence under Section 211 of I.P only.

(3.) The learned counsel for the applicant has submitted that such offence could not be registered unless the provisions under Section 195(1) (b)(i) of Cr.P would have been followed. Reliance has been placed upon the judgment passed by the Full Bench of Delhi High Court in the case of "Narayan Ramchandra Karmbelkar Vs. The State, 1972 CrLJ 1446" in which it is held that no such complaint can directly be filed. The complaint in writing is to be filed by the Magistrate under Section 195(1)(b) of the Cr.P.C.