NEMA MISSIR Vs. CHANDRIKA MISTRI

JUDGEMENT

(1.) THIS is an application for revision of the order passed by a Munsif Magistrate of the first class at Gopalganj, directing a complaint to be filed under Section 193 of the Indian Penal Code against the petitioner.

(2.) THE facts leading to the impugned order are these. The petitioner had lost his bicycle at Jadopur Bazar some fifteen or twenty days before the 25th April 1963, on which date, when he had again gone to the said Bazar, he found that the opposite party was negotiating with one Salim Nat for the sale of the bicycle. A scuffle ensued between the petitioner and the opposite party over the bicycle and, on an alarm raised by the petitioner, the opposite party left the bicycle and fled away. The petitioner brought the bicycle before the officer in charge of Gopalganj police station and also filed a written report before him.

(3.) THE trial Magistrate came to the conclusion that the receipt was forged and also disbelieved the case of the petitioner that, on the date of the occurrence, he had found the bicycle with the opposite party. In the last paragraph of the impugned order, the learned Magistrate directed a complaint to be filed against the petitioner under Section 193 of the Indian Penal Code in these terms :