SAGUNI MISSIR Vs. EMPEROR

JUDGEMENT

(1.) This is an application under Secs.435 and 439, Criminal P.C., by one Saguni Missir, who has been convicted under Section 211, I.P.C., and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 50. It appears that for some time past a dispute has been going between the petitioner and one Jamuna Jha with regard to a temple situated in Patna City in front of the petitioner's house. On 17 May 1939, one Mathura, who is said to be a friend of Jamuna Jha, brought a case under Section 324 against Chuni Kahar and other persons who, according to the prosecution, belonged to the party of the petitioner. Chuni Kahar and others were at first released on bail, but subsequently their bail bonds were cancelled on 27 June 1939.

(2.) On that very day the petitioner lodged a saneha before the Assistant Sub- Inspector of Police at Khajekalan Police Station in which it is recorded that four persons, namely Jagmohan, Mathura, Parmeshwar and Khapta Kahar, had abused" him in front of his house. On 28 June, the petitioner went with his mukhtear and filed a petition before the Assistant Superintendent of Police to the effect that eight persons including the four who had been mentioned in the saneha had come on the evening of 27 June to the temple which was the subject of dispute between him and Jamuna and others, had the look of its entrance door broken and removed one mukat (Crown) from the idol installed in the temple and some other articles of worship, and also threatened to break his limbs if he intervened.

(3.) The prayer which was made in the petition was that the Assistant Superintendent of Police may be pleased to depute some unconcerned responsible officer to institute a case and make an enquiry at the spot, as the petitioner is ready to prove his case. The Assistant Superintendent of Police thereupon directed an enquiry and ultimately the Sub-Inspector in charge of the thana reported that the case was maliciously false. Upon this the Assistant Superintendent of Police made a complaint to the Sub-divisional Officer for prosecuting the petitioner under Section 211, I.P.C., on 12 June. On that very day the Sub-divisional Officer recorded the following order: A complaint under Section 211, I.P.C., received. Cognizance taken. Issue warrant of arrest bailable for Rs. 500 against the accused for 27th.