EMPEROR Vs. JOHRI

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge of Agra recommending that the commitment of Johri to the Court of Session for trial under part 2, Section 211, I. P.C., should be quashed. Johri made a report under Section 304, I. P C., against certain persons, and the case for the prosecution is that that report was false. If the case comes under part 2 of Section 211, I. P.C., the ease would be triable only by the Court of Session. The police made an investigation into the report and found it to be false, and the persons named in it were not prosecuted. Hence the Sessions Judge considers that no criminal proceedings were instituted and therefore the charge of making the false report comes under the first part of Section 211, I. P.C., and is punishable with two years imprisonment of either description or with fine or with both and as the committing Magistrate can pass such sentence he should dispose of the case himself.

(2.) The view of the Sessions Judge is in accordance with the rulings of this Court. But as three other High Courts have taken a different view, the learned single Judge of this Court before whom the case came referred it to a Bench of two Judges.

(3.) Section 211 states as follows: Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both and, if such criminal proceeding be instituted on a false charge or an offence punishable with death, transportation for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.