State vs Jewan

One of us took this case up in revision because the proceedings disclosed that a wrong view of law was taken not only by the subordinate court but by some f the Law officers of the State. A report was made by one Jewan against certain person to the Police at the Police Station

Sulkhchanipur in the Mirpur District to the effect that certain persons had trespassed into his house with intent to assault him and to commit heft.

This report was investigated and found by the Police to be incorrect. The Police thereupon submitted a report to the subDivisional Magistrate with the request that the offence may be expunged from the Police records. The SubDivisional Magistrate thereupon issued an order to the Tehsildar to make an enquiry after examining the complainant the result of that enquiry was that the complaint was found to be false and the SubDivisional

Magistrate accordingly ordered the offence to be expunged.

Subsequent to these proceedings the SubInspector of Police Station mentioned above made a report to the higher authorities of the Police for prosecution of the complainant under Section 140 Ranbir Dand Bidhi corresponding to Section 182 of the Indian Penal Code. This complaint was transferred to the Court of a Tehsildar for prosecution. The Tehsildar was of opinion that sanction as required under Section 195 (1) (b) of the

Code of Criminal Procedure because the mater had at one stage reached the Court of law and therefore there should be a prosecution under

Section 160 Ranbir Dand Bidhi (211 Indian Penal Code). The prosecution, however, started for an offence under Section 182 Indian Penal Code

(140 Ranbir Dand Bidhi) for which a complaint in writing of the SubInspector Police of the Police Station where the report was made was sufficient under clause (1) (i) of Section 195 Criminal Procedure Code. The question, therefore, is whether in a case where there is a possibility of conviction by a Court and prosecution under Section 211 Indian Penal Code (160 Ranbir Dand Bidhi) a complaint by the Police for prosecution under Section 1240 Ranbir Dand Bidhi (182 Indian Penal Code) may be entertained. We are of opinion that such a complaint does lie. The offence of making a false report to the Police, if one committed, was complete before the report went to Court and therefore, it could not be said that this offence which was complained before the matter reach the Courts was committed in or in relation to any proceeding in any Court. In our opinion therefore sanction of the Court under Section 195 (1) (b) of the Criminal Procedure Code was not necessary.

Notice was issued to the original complainant who was to be prosecuted under Section 182 Indian Penal Code. He is not present today. We do not think it worth while to order his prosecution after such a length of time. His case was taken up in order to guide the Subordinate Courts for future action. The matter may rest here and we order that no further action need be taken.