JUDHISTIR GANDA Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge, Bolangir-Kalahandi, for setting aside the conviction and sentence passed against the petitioner by a Second Class Magistrate of Bolangir, for an offence under Section 176, Penal Code.

(2.) THE relevant facts are these. The petitioner Judhishtir Ganda was convicted in a previous trial for an offence under Section 411/75, Penal Code, and directed under Section 565, Criminal P. C. to report his movements to the Police for a period of three years from the date of his release. In pursuance of that order Judhishtir after his release from Jail gave a declaration to the effect that he would reside in his village Bishnumunda, P. S. Bolangir, and that he would intimate his change of address and residence to the Officer-in-charge of Bolangir Police Station. Subsequently however, he became untraced. The Officer-incharge of Bolangir Police-station made careful enquiries and eventually Judhishtir Ganda was arrested on 18-5-1955 by the A. S. I. of Dharamgarh P. S. In Kalahandi district. Then a complaint was filed by the Officer-in-charge of Bolangir P. S. for his prosecution under Section 176, I. P. C. for omission to give information about his change of residence. Judhishtir Ganda was then convicted in the Court of Second Class Magistrate, Bolangir, and that conviction was upheld by the Additional District Magistrate of Bolangir on appeal.

(3.) THE learned Sessions Judge of Bolangir has requested this Court to set aside the conviction and sentence on the ground that the complaint filed by the Officer-in-charge of Bolangir Police-station would not be a 'complaint' as defined in Section 4 (1) (h), Criminal P. C. inasmuch as he is a Police Officer. The learned Sessions Judge therefore observed that there was no valid complaint for the prosecution of Judhishtir Ganda for an offence under Section 176, Penal Code, as required by Section 195 (1), Criminal P. C. and that consequently the entire trial was void ab initio.