STATE Vs. BIRDA

JUDGEMENT

(1.) THIS is a State appeal and is directed against the order of the Munsif Magistrate, Pali, acquitting the respondent Birda of an offence under Section 182, Indian Penal Code.

(2.) THE facts leading to the prosecution of the respondent which resulted in the present appeal, may be briefly stated as follows:

(3.) ON 30th August, 1961, Birda lodged information with the Circle Inspector of Police, Pali, against Bhuria, Labba, Misria, Sargara and others accusing them of an offence under Section 366, Indian Penal Code. It was stated by Birda that the persons named by him kidnapped his daughter Mst. Indra on 17-8-1961. The Circle Inspector after investigation found that the information given by the respondent was false and was lodged in order to cause harassment to Bhuria etc. by the police. On this finding, a complaint under Section 182, Indian Penal Code, was presented against the accused-respondent and a criminal case No. 3 of 1962 was registered in the court of the Munsif Magistrate, Pali. It was found in that case that the complaint had not been presented by the Circle Inspector of Police before whom the false information was given. The Munsif-Magistrate, Pali, therefore, dismissed the complaint and acquitted the respondent.