NEMA MISSIR Vs. CHANDRIKA MISTRI

JUDGEMENT

(1.) 1. This is an application for revision of the order passed by a Munsif Magistrate at the first class at Gopalganj, directing a complaint to be filed under Section 198 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 Jadopun Bazar some fifteen or twenty days before the 25th April 1968, 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 a way. The petitioner brought the bicycle before the officer in charge of Gopalganj police station and also filed a written report before him. Ultimately, the opposite party was put on trial for an offence under Section 411 of the Indian Penal Code. The opposite party pleaded not guilty to the charge. In course of the trial, the petitioner examined himself as P. W. 1 and a number of other witnesses and also filed a receipt in respect of the purchase of the bicycle by 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: Ismen prativadi ne jali aur banakar gawahi diya ki cycle uska tha aur uski pushti men rasid padarth ka bhi jali banaya isliye nyay ke hit men yah awashyak hai ki uspar dhara 193 ke antargat mukadma chalaya jay aur sath sath uspar jhutha dava karne ka bhi bad chale. Is nimitt uske wiruddh paripad patra upasthit kiya jay.