ABDUL RAHMAN Vs. EMPEROR

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge of Jalaun recommending that the conviction of one Abdul Rahman of an offence under Section 182, I.P.C., be set aside. The learned Judge is of opinion that there was no complaint such as is required by Section 195(a), Criminal P.C. for the prosecution of the accused.

(2.) The accused lodged an information at the police station to the effect that the motor lorry belonging to a certain person had been overloaded. On investigation the police found that the information was false. Accordingly the investigating officer moved the Superintendent of Police that the accused be prosecuted for an offence under Section 182, I.P.C. The Superintendent of Police endorsed the following note addressed to the District Magistrate; "District Magistrate. The accused is the reader of the Tahsildar of Konch. Have you any objection to his prosecution?"

(3.) The District Magistrate, instead of signifying his wishes in the matter to the Superintendent of Police recorded an order to the following effect: I sanction the prosecution of Abdul Rahman Judicial Moharrir, Konch. Case to Section D.M. for disposal. The Moharrir will be suspended till the disposal of the case.