RAMDEO Vs. STATE

JUDGEMENT

(1.) THIS reference by the Sessions Judge, Merta raises for determination the following question : Whether it is open to a police officer with whom an information of the commission of an offence was lodged, to prosecute the informant under Section 182, I. P. C. (giving false information) even after the informant had filed a complaint before a Magistrate on the same facts and allegations, a complaint of Court under Section 195 (1) (b) being unnecessary. The facts and the circumstances leading to the reference are these :

(2.) AT about 8 or 9 P. M. on 1-6-1957 Ram Deo, the accused petitioner gave information to the S. H. D. Deedwana to the effect that Shri Kedarmal and Radha kishan committed a trespass into his house at Deedwana with preparation to cause hurt on 1-6-1957 at about 4 P. M. The case was. investigated by the Circle inspector, Deed-wana who submitted a final report to the learned Sub-Divisional magistrate to the effect that the report Was false and that Ram Deo may be ordered to be prosecuted under Section 211, I. P. C. The learned Sub-Divisional magistrate accepted the report but did not file a complaint under Section 211, I. P. C. Ram Deo thereafter filed a complaint before a Magistrate under Section 190, Cr. P. C. After this report the Circle Inspector Police filed a complaint against Ram Deo under Section 21. 1, I. P. C. on 5-6-1958 and the learned Magistrate framed a charge under Section 182, 1. P. C. instead of Section 211, I. P. C. Ram Deo considering that after he had filed a complaint before the Magistrate his prosecution tinder Section 211, I. P. C. or Section 182, I. P. C. was not competent except on a complaint by the Court, filed a revision in the Court of the Sessions judge, Merta praying to quash the charge. The learned Sessions Judge accepted the contention of the petitioner and has made a reference for quashing the charge.

(3.) MR. S. D. Kalla appearing for Ram Decsupported the reference. Shri N. M. Vyas appearing for the opposite party very strongly opposed the reference and contended that the question formulated above should be answered in the affirmative. He has in the first instance relied upon a decision of this Court. In The state v. Bala Pra-sad, ILR (1952) 2 Raj 44 : (AIR 1952 Raj 142), the principles laid down are: