RAMTI DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed a report with the police in respect of accused Dalip Kumar and others for the offence under Sections 452/354/365/323/504/506/511 read with Section 34 IPC. On the basis of the report, DDR No. 17 dated 29.9.1995 was recorded. The police inquired into the matter and came to the conclusion that it was totally a false case and the petitioner had committed an offence under Section 182 I.P.C. The allegations were that by filing the First Information Report with the police, the petitioner has intentionally or knowingly caused the police officer to use its lawful power to the injury or annoyance to the accused mentioned in that case. Therefore, the case under section 182 I.P.C. was filed by the police officer against the petitioner.

(2.) MEANWHILE , the petitioner filed a complaint in the Court of Judicial Magistrate Ist Class, against the same accused, making allegations regarding the same incident which was the subject matter of the DDR No. 17 dated 29.9.95 given by her to the police on the basis of which police had started investigation and had filed complaint under Section 182 I.P.C., referred above. It is not disputed that the subject matter covered by the report given by the petitioner to the police and the subject matter of the complaint filed in Court is one and the same. Both these matters pertain to the same incident. In a complaint case filed before the Magistrate, the Magistrate had directed investigation under Section 202 Cr.P.C. After considering the report of the police and evidence brought by the complainant before the Court, the trial Court was of the view that despite the report by the police that the information given by the complainant to the police was false, in view of the material on record, there was sufficient ground to proceed against the accused. In my opinion, therefore, the opinion thus formed by the Magistrate under Section 204 Cr.P.C. prevails over the opinion given by the police for proceedings under Section 182 I.P.C. in respect of the same set of facts covered by those matters. Section 202 Cr.P.C. contemplates enquiry or investigation in the complaint. Section 203 Cr.P.C. then provides that the Magistrate should take into consideration the statement on oath of the complainant and the witnesses and the result of the enquiry or investigation for the purpose of arriving at a conclusion as to whether there is or is not sufficient ground for proceedings further. Section 204 Cr.P.C. contemplates that the Magistrate shall take cognizance of the offence if there are sufficient grounds for proceedings against the accused.