Law:

Section:

Criminal Procedure Code (V of 1895)--- ----Ss. 561-A, 195 & 249-A---Penal Code (XLV of 1860, S.182---False information with intent to cause public servant to use his lawful powers to the injury of mother person---Quashing of proceedings ---Challan against accused persons was submitted in Court after due investigation---Deputy Superintendent of Police, after re-investigation directed the local police to ask for the discharge of one accused, who was discharged by the Magistrate and co-accused was acquitted on his application under S.249-A, Cr.P.C without notice to the complainant side---Discharged accused moved application against the petitioner (complainant) under S.182, P.P.C.--­Magistrate ordered the Police to initiate proceedings under S.182, P.P.C. against the petitioner and Qalandra was submitted, on which the Magistrate started proceedings---Validity---Proceedings for an offence under S.182, P.P.C. could only be taken under S.195(a), Cr.P.C. on written complaint of a public servant---Public servant in the present case was S.H.O. who had refused to initiate proceedings under S.182, P.P.C. and Magistrate had no powers to make recommendation for initiation of proceedings under 5.182, P.P.C.---Entire, proceedings, therefore, were tainted with prejudice and bias---Matter was initiated by the Magistrate although he was not a public servant within the connotation of "public servant" as per S.182, P.P.C. read with S.195, Cr.P.C.---Proceedings were ordered to be quashed---Concerned Sessions Judge was directed by the High Court to call an explanation of the Magistrate and submit a report to the High Court in that behalf. Present was a case where after proper investigation -and after satisfying himself, the Investigating Police Officer had decided to submit the report under section 173, Cr.P.C. recommending that the case was fit for trial. After submission of the challan, the trial had to commence afresh but investigation was re-started by D.S.P. at a belated stage. Although the police could always investigate the matter even where the challan had been submitted but what controls their action was the propriety aspect because after submitting the challan, there…

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