HIRALAL SARDA Vs. EMPEROR

JUDGEMENT

(1.) These two applications in revision have been heard together as they arise out of a single set of proceedings and are both directed against one order of Mr. Anjani Kumar Sahai, Munsif of Jamshedpur of Chaibassa, dated 17 September 1931, directing the filing of a complaint against the petitioners under Section 476, Criminal P.C. The petitioners challenge the legality as well as the propriety of the order and of the complaint.

(2.) The complaint recites that: it has been found that Hiralal, Baijnath, Bankim Behari and Bal Kishan (petitioners) have been guilty of a conspiracy to fraudulently obtain a decree from the Court of the Deputy Commissioner-Sub-Judge of Chaibassa...an offence under Section 210 read with Section 120-B.I.P. C., that accused Hiralal has further committed an offence under Section 209, I. P.C., by a false statement in the plaint of that suit and that accused Baijnath and Bankim Behari have further committed an offence under Section 193, I. P.C., by giving false evidence in support of the claim.

(3.) The legality of the complaint of the Munsif of Jamshedpur is challenged on the ground that under Section 195, Clause (b), Criminal P.C., the only person or Court competent to complain of offences alleged to have been committed in the proceeding in the Court of the Deputy Commissioner-Subordinate Judge was the Deputy Commissioner-Sub-Judge or some other Court to which he was subordinate. In my opinion that contention must be given effect to. The complaint as it stands is bad and cannot proceed. It is contended for the opposite party that offences under Section 193, I. P.C., have been committed by Baijnath and Bankim Behari in the Court of the Munsif of Jamshedpur himself. If that were so, the Munsif should have said so in the complaint. There is ample authority for the proposition that a complaint under Section 195 read with Section 476, Criminal P.C., should disclose the Court before which and the occasion on which the offence is alleged to have been committed. The Munsif's complaint does not disclose that any of the offences of which he complains was committed before himself on any particular occasion.