BACHAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS reference comes on the report of the learned Additional Sessions Judge, Ganganagar, dated the 28th of March, 1951.

(2.) THE facts giving rise to it are that on the 11th March, 1960, one Bachan Singh lodged a report at Sadar Police Station, Ganganagar, against one Mastan Singh, in which it was alleged that Mastan Singh had committed offences under sec. 447 and 323 I. P. C. On investigation, it was found by the police that the charges levelled against Mastan Singh were false. Accordingly, a final report under sec. 173 Cr. P. C. was filed and it was accepted by the Sub-Divisional Magistrate, Ganganagar, on 4th July, 1960. On 6th August, 1960, the Station House Officer, Sadar, Ganganagar, filed a complaint in the court of the Sub-Divisional Magistrate, Ganganagar, against Bachan Singh under sec. 211 I. P. C. On 8th September, 1960, counsel for the accused raised an objection that the offence alleged to have been committed by his client was in relation to proceeding in the Magistrate's court and therefore the complaint could be filed only by the Magistrate on account of the provisions of sec. 195, sub-sec. (1) (b) Cr. P. C. and the court had no jurisdiction to take cognizance of the offence on a complaint by the police. This objection was turned down by the court on 28th January, 1961. Aggrieved by that order, Bachan Singh filed a revision application. THE learned Additional Sessions Judge, Ganganagar, who heard that application, was of opinion that the final report having been accepted by the Sub-Divisional Magistrate, the trial court could not take cognizance of the offence on a complaint by the police and therefore he has recommended that the accused should be discharged.