DISTRICT MAGISTRATE OF CUDDAPAH Vs. SYED ABDUL KAREEM

JUDGEMENT

(1.) THE accused is said to have made a false allegation against a certain Taluk Office Clerk that he demanded a bribe. THE Collector, who was the superior officer of the clerk concerned, thought that the accused should be prosecuted and ordered the Revenue Divisional Officer to file a complaint. Two objections were raised during the trial. One was that the Collector should have filed the complaint himself and that he had no power to delegate that right to the Revenue Divisional Officer. THE second ground was that the complaint should have been made to the Sub-Magistrate having jurisdiction at the place where the Collector received the letter. Both these contentions are correct, but the Sub-Magistrate, instead of returning the complaint for presentation to the Magistrate having jurisdiction, forwarded the papers to his immediate superior, the Sub-Divisional Magistrate, Jammalmadugu, under Section 346 (1), Criminal P.C. This was not the proper way to dispose of the matter, and so the District Magistrate referred the matter to this Court. THE reference is accepted and the proceedings of the Sub-Magistrate set aside. He must return the complaint to the complainant.