FARIDUDDIN KHAN Vs. EMPEROR

JUDGEMENT

(1.) THIS is an application in revision. The applicant was sentenced to a fine of Rs. 150 for making a false report to the police. The fine was imposed under the provisions of Section 182, I.P.C. The report made was to the effect that a man called Nawab had been seen near the shop of the applicant disguised in a burqa armed with a knife and asking for one Ram Dayal. The Magistrate has found that the report was absolutely false. It has been suggested that 110 offence was committed under Section 182, I.P.C., because the report was not the report of a cognisable crime. The question of course is not whether the report was one of a cognisable crime but whether it was of such a nature as might be supposed to lead the police to make use of their lawful powers to the injury or annoyance of any person. The suggestion in the report was clearly that Nawab was going about armed and disguised in order to murder or cause serious injury to Ram Dayal. The police on receiving that report would naturally be supposed to exercise their lawful powers under Secs.149, 150 and 151, Criminal P.C., to the annoyance and injury of Nawab. There is certainly no force in the suggestion that the report if false was not one which would lead to punishment under Section 182, I.P.C. I may mention that it has been brought to my notice that the applicant has died since he made the application. As however any case can be brought to the notice of this Court by any person and as this Court will thereafter take action suo motu if the record indicates that there is sufficient reason to do so, it does not matter whether the applicant is dead or not. The record is before the Court and there is no reason to interfere with the orders of the Courts below. The application is rejected.