RATTI RAM AGARWALA Vs. STATE

JUDGEMENT

(1.) The facts of this case are rather peculiar. The petitioners have come up in revision against the filing of a complaint against them for offences under Sections 211, 182, 211/109, 2-11/114, 182/109, 181/114, 193, 194 and 195 of the Penal Code.

(2.) The learned Sessions Judge, who heard the appeal under Section 476B, has given the facts in detail, I will mention them briefly.

(3.) Rati Ram Agarwala, petitioner No. 1, lodged a first information report at Katibar Police Station on the llth March, 1952, against Sheo Bhagwan and others, alleging that they had kidnapped his minor nephew named Jainarayan with a view to commit his murder from the house in mahalla Bari Bazar of Katihar Town. The Katihar police, thereupon, registered Case No. 14(3) of 1952 under sections 323, 364/34 and 364/109 of the Penal Code. On 14-3-1952, a dead body was found hanging from a mango tree in village Durgapur, near Semapur, at a distance of about 4 or 5 miles from Katihar. On the next day, i. e., 15-3-1952, Rati Ram himself and Mt. Saraswati Devi, petitioner No. 7, who is the mother of Jainarayan, identified the body as that of Jainarayan. It was later discovered, however, that the body was that of an adult Santal servant of a mistry of Durgapur, and was not that of a boy aged about 16 years as Jainarayan was. After investigation the police submitted final report, stating that the case was maliciously false, but there was no sufficient evidence for prosecution under Section 211. Katihar was under the jurisdiction of the Sadar Sub Divisional Magistrate of Purnea at that time, and he accepted the final report on the 1st May, 1952.