RAM RENU CHATTORAJ Vs. EMPEROR

JUDGEMENT

(1.) THIS rule must be discharged. The petitioner informed the police that he had been assaulted and robbed by certain persons unknown. Before the conclusion of the police investigation which was started the petitioner filed a naraji petition before the Magistrate. THIS complaint was enquired into and a number of witnesses examined after which the complaint was dismissed under Section 203, Criminal P. C; meantime the police reported the case to be false and a complaint was lodged against the petitioner under Section 182, Indian Penal Code. On that complaint the Magistrate directed summons to issue. It is against this order that the present rule is directed. Now it is clear that the offence, if any, constituted by a false complaint against unknown persons is not one under S.211, Indian Penal Code, but one under S.182 of the Code. It was therefore within the competence of the police authorities concerned to complain of that offence and within the competence of the Magistrate, on receiving that complaint, to issue summons under Section 182. "Whatever be the state of affairs with regard to the naraji petition it has nothing whatever to do with the proceedings instituted by the police and it is entirely beside the question to argue that the facts underlying both the proceedings were the same facts. In the result the present rule is discharged and the case under Section 182, Indian Penal Code, against the petitioner will proceed.