RAM GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code' hereinafter), the petitioner has challenged the order dt. 30.11.2005 passed by the Judicial Magistrate, Pilibanga, Distt. Hanumangarh (for short 'the trial Court' hereinafter), whereby the trial Court took cognizance of the offence under Section 211 IPC against the petitioner on the complaint filed by the complainant, i.e. the Station House Officer, Police Station Golluwala Distt. Hanumangarh.

(2.) HEARD learned Counsel for the parties and perused the order impugned.

(3.) THUS , when the trial Court has taken the cognizance against accused Krishna Lal on the complaint lodged by the petitioner which was registered as FIR and then there remains nothing to say that the petitioner filed complaint/FIR falsely and, therefore, the complaint by the S.H.O. under Section 211 IPC for lodging a false case cannot be maintained and the order taking cognizance on such complaint of the offence under Section 211 IPC against the petitioner cannot be sustained.