JANG BAHADUR SINGH Vs. EMPEROR

JUDGEMENT

(1.) This case has been referred to a Division Bench under the following circumstances: The applicant made a report to the police in which he expressed his suspicion that two other persons had stolen his watch. The police reported the allegation to be false, and the prosecution of the applicant was instituted by the Superintendent of Police under Section 182, I.P.C. So far it is manifest that the proceedings were absolutely in order.

(2.) The applicant then went to the criminal Courts and filed a complaint to the same effect as the report which had already been found to be false. That complaint was dismissed, the Magistrate remarking that it was not advisable to commence a proceeding under Section 211, I.P.C. against the applicant "on the present proof," and, in view of the fact that the police had already started proceedings which we understand to mean that he was satisfied, for the time being at any rate, that justice was likely to be done by allowing the proceedings under Section 182 instituted by the police to take their course without complicating the matter by instituting a separate proceeding under Section 211 in reference to the complaint in Court.

(3.) The applicant now desires us to quash the proceeding instituted by the police under Section 182 and to direct that, if any step is to be taken against him at all, it may be one to be taken under Section 211, I.P.C. by the Magistrate in reference to the complaint in Court.