PERUMAL NAICK Vs. EMPEROR

JUDGEMENT

(1.) THIS is an application to quash the proceedings, now pending before the Sub- Magistrate of Sattur, on the ground that no complaint was field in the case to enable the Magistrate to take proceedings against the petitioner. The petitioner made a statement to the Village Munsif of Mala Raja Kularaman, that a dacoity was committed in his house and mentioned certain persons as having taken part in the dacoity. The Village Munsif forwarded the complaint to the Police, who held an investigation and referred the case as false. The Sub-Magistrate of Srivilliputtur, to whom the papers were sent, accepted the referred charge-sheet and struck the case of his file. The police put in a charge sheet before the Sub-Divional Magistrate of Sivakasi, against the petitioner for an offence under Section 211, I.P.C. The Sub-Divisional magistrate transferred the case to the Second Class Magistrate of Sattur. The contention of the petitioner is that there is no complaint from the Second Class Magistrate of Srivilliputtur who acted on the referred charge sheet of an offence under Section 211 and therefore the proceedings are illegal.

(2.) WITHOUT expressing an opinion on that contention, we are satisfied that this is not a case in which the Police could start proceedings of their own accord. The offence under Section 211 is a non-cognizable one and the Police are not empowered to investigate into a non-cognizable offence and charge the petitioner. It is open either to any of the accused in the alleged dacoity case or to the Village Munsif, or any Police Officer to prefer a complaint under Section, Criminal procedure Code, in which case the Magistrate before whom the complaint is made may take the case on his file after taking a sworn statement from the complainant. Such a course was not adopted in this case. We think the proceedings before the lower Court are illegal and they are hereby quashed.