RAMESHWAR PRASAD Vs. BHATU MAHTON

JUDGEMENT

(1.) This is an application for special leave to appeal against an order of acquittal under Sub-section (3) of Section 417 of the Code of Criminal Procedure. That sub-section runs as follows :

(2.) Mr, S. P. Sinha has contended that a petition must be treated to be a complaint when it is filed before a Magistrate for taking any action under the Code. This, in our opinion, is entirely incorrect. If, for instance, a person files a petition making some accusation against another person and praying for action under Section 107 of the Code of Criminal Procedure, the petition cannot be treated to be a complaint. The entire definition makes it clear that a petition will be treated to be a complaint only when there is an accusation against some person and the prayer is for taking action as upon a complaint under Sections 200 to 204 of the Code of Criminal Procedure. As there was no prayer in the petition filed by the petitioner in this case that any action as provided for under Sections 200 to 204 should be taken, the petition cannot be treated to be a complaint.

(3.) As the present case was not instituted upon a complaint, an application for special leave under Sub-section (3) of Section 417 is not maintainable. It is, therefore, dismissed.