SRINIBAS BALABANTARAY Vs. ADDL. SESSIONS JUDGE AND ANR.

JUDGEMENT

(1.) PETITIONER prays for quashing orders annexed as Annexures -2, 3 and 4 in proceedings, wherein his attempts to register a case under Section 394, Indian Penal Code were thwarted.

(2.) THE factual aspect shorn of unnecessary details is that the Petitioner lodged a written report in Dabugaon police station in Koraput district alleging that on 25 -6 -1981 he was accepted by four unknown persons who dispossessed him of a sum of Rs. 15,000/ - at knife point. He had drawn the money from bank in his capacity of Managing Director of Dabugaon LAMPS. The Investigating Officer submitted a Final Form reporting the case as false, which was accepted by the Judicial Magistrate, First, Class, Umerkote in G. R. Case No. 236 of 1981.

(3.) THE challenge of the Petitioner is based mainly on the submission that mere acceptance of the Final Form does not deprive the Court of the power to take cognizance of a subsequent complaint. The protest petition of the complaint petition, as the case may be, provides a foundation on which the Court can initiate a proceeding notwithstanding the acceptance of a Final Form earlier.