RADHA KRISHAN PODDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred by challenging the proceedings being Complaint Case No.C-11540 of 2004 pending before the learned Metropolitan Magistrate, 11th Court, Kolkata under Section 211 of the Indian Penal Code and all orders passed therein in connection with the said proceedings.

(2.) Mr. Kaushik Chatterjee, learned advocate, appearing for the petitioners draws the attention of this Court to the relevant part of the petition of complaint which was filed before the learned Metropolitan Magistrate, 11th Court, Kolkata for proper disposal of this case. Paragraph 6 and 12 of the said complaint are set out as follows:-

(3.) It is a settled position of law that Section 211 of the Indian Penal Code falls under the Chapter XI which relate to "of false evidence and offences against public justice". Chapter XIV of the Code of Criminal Procedure lays down the condition requisite for initiation of proceedings. Section 195 of the Criminal Procedure Code provides that :-