VITHOBA BALA Vs. GOVAL PRASAD RANGILAL

JUDGEMENT

(1.) The applicant had made a complaint to the police against the non- applicant and three others in respect of an offence under Section 462, Penal code. A challan was put up by the police against these persons, but later on the case was withdrawn by them.

(2.) Thereafter the non-applicant made an application to the trying Magistrate Under Section 476, Criminal P.C. for making a complaint against the applicant in respect of an offence Under Section 211, Indian Penal Code. The Magistrate rejected the application on three grounds. The first of these grounds was that there was nothing to show that the challan was withdrawn because the complaint upon which it was based was found to be false. The second ground was that the applicant had no opportunity to prove the truth of his allegations. The third ground was that the challan was withdrawn at a very early stags before any evidence was recorded. The non. applicant then preferred an appeal Under Section 476-B, Criminal P.C. before the Additional District Magistrate.

(3.) The learned Additional District Magistrate was of the view that the view taken by the trying Magistrate regarding his power to make a complaint was erroneous and so he remanded the case to him for recording evidence and for making further inquiry.