SANKAR LAL TEWARI Vs. ABDUL RAHMAN

JUDGEMENT

(1.) THIS petition of revision is directed against an order of Mr. M.N. Khanikar, Magistrate, 1st Class, Gauhati, dated 28 -10 -1948 directing that a bailable warrant of arrest should issue against the petitioner. The warrant was ordered to be issued on a complaint by Abdul Rahman, the Opposite Party.

(2.) ABDUL Rahman's grievance as disclosed in the complaint was that the petitioner had reported to the police at Gauhati that on 1 -9 -1948 his son had been kidnapped by Abdul Rahman and some others. That on the same night at about 11 P.M., he accompanied the police to his house. The police asked him about the whereabouts of the missing son of Sankar Lal (the petitioner in this case). He pleaded ignorance but was arrested. His case is that the report made by Shankar Lal, petitioner, against him was false. He prayed for the prosecution of Sankar Lal under Section 211, I. P. C. It was on his complaint that a warrant of arrest was issued on 28 -10 -1948 against the petitioner.

(3.) MR . Medhi, the learned counsel for the petitioner, has contended that the complaint does not disclose any offence under Section 211, I. P. C., for the simple reason that the report on which it is based could not be said to have contained any false charge against any particular person. He points out that Section 211 requires that if with intent to cause injury to any person, someone institutes or causes to be instituted any criminal proceeding against that person or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, he shall be punished with imprisonment as provided in the section.