V.D.Bhargava, J. - (1.) This is an appeal by the State against the acquittal of one Rewa Chand.
(2.) A complaint against the respondent was filed under Section 182, I.P.C. A letter is alleged to have been sent by the respondent to the District Magistrate and a copy of which was also sent to the Superintendent of Police and the Inspector General of Police. It related to the conduct of some-Constables and the station officer of the Kotwali of Agra. The complaint was that those constables" and the station officer wanted some money toilsome function. And since he had not paid, he was-being harassed. On enquiry by some police officers the complaint was found to be false and, therefore, a complaint was filed by the District Magistrate at Agra in the Court of Sri N. L. Kackar. Later on it was transferred to the Court of Sri N. C Jain. While the case was pending in the Court of Sri Kackar an application for transfer had been moved, inter alia, on the ground that there had been wumerous dates fixed in the case when the prosecution witnesses should have been present, but they were not present. The application was dismissed and one of the grounds was that since Mr. N. L. Kackar had been transferred the application had be-come infructuous,
(3.) The accused had taken certain legal pleas and among the others there were two: (1) that the complaint had been filed by the District Magistrate, while actually it should- have been filed by the Inspector General of Police or the Senior Superin-tendent of Police, because the complaint was against the station officer of Kotwali and certain constables, who were not subordinate to the District Magistrate; and (2) that in this case the District Magistrate was the complainant and he did not actually appear on the date of hearing, it being incumbent upon the complainant to attend the court, the ac cused was entitled to an acquittal.;