SULTAN AHMAD Vs. EMPEROR

JUDGEMENT

(1.) MACNAIR , J.C. 1. The learned Additional Sessions Judge, relying on Emperor v. Mt. Chhoti Bi [1906] 2 N.L.R. 119, has held that a person, who sets the criminal law in motion by making a charge to the police of a cognizable offende, institutes criminal proceedings within the meaning of Section 211, I.P.C. Because of this finding he has come to the conclusion that Sultan Ahmad has become liable to imprisonment for a period of seven years.

(2.) I entertain grave doubts regarding the correctness of the decision in Emperor v. Chhoti Bi [1906] 2 N.L.R. 119, although it follows a Full Bench ruling of the Calcutta High Court in Karim Bukhsh v. Queen-Empress [1896] 17 Cal. 574 and two Judges of the Patna High Court, in Parmeshwar Lal v. Emperor [1897] 20 Mad. 79 have recently adopted the same view. It appears to me that even if the action of the police consequent on receipt of information of a cognizable offence is a criminal proceeding, it is not a criminal proceeding against any person. It is the information that a cognizable offence has been committed which gives rise to such action, and the duty of the police is to discover whether any person has committed a cognizable offence. I think I ought not to uphold conviction of an offence punishable with seven years' rigorous imprisonment if I do not consider that such an offence has been committed and can adopt an alternative to following the reported decision. I therefore submit the following question to a Bench of three Judges: Does setting the criminal law in motion by making a charge to the police of a cognizable offence against a person amount to the institution of criminal proceedings against that person within the meaning of Section 211, I.P.C. OPINION Macnair, J.C.

(3.) I quote Section 211: 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 of 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.