Law:

Section:

Keywords: False Statement, Order, Public Servant, Magistrate, Execution, Quashment, Judicial Proceedings, Offences, Petition, Proceedings, Notices, Endorsement, Prosecution, Procedure, Prejudice, Petitioner Result: Petition allowed JUDGMENT This petition under section 561-A, Cr. P. C. Arises under the follow ing circumstances: Petitioner Akbar Hussain had filed a complaint for action under section 107, Cr. P. C. In the Court of Addl. District Magistrate, Hyder abad, against respondents Abdul Rehman and others. The complaint/ application was forwarded to City Mukhtiarkar who issued order under section 112, Cr. P. C. Against the respondent. The respondents in the application were shown to be residents of Kacchi Para near Phuleli bridge, Hyderabad. They, however, actually resided at Gharibabad, Nawabshah. The petitioner No. 2 who was a Police Constable posted in the Court of City Mukhtiarkar and F. C. M. Hyderabad for service of process, accompanied applicant Akbar Hussain and actually served the respondents at Nawabshah but in his endorsement on the notices he made a false statement that service had been effected at Phuleli, Hyderabad. The respondent feeling aggrieved filed a complaint in the Court of S.D.M., Nawabshah, for offences under sections 166, 167, 177, 182 and 197 read with section 120-B, P.P.C. A preliminary enquiry was held by S.D.M., Nawabshah who subsequently passed an order issuing process for offences under sections 167 and 182, P.P.C. Against the accused persons. The accused/petitioners have preferred this application for quashment against that order of S.D.M. Nawabshah on the ground that for such offences a complaint by the person aggrieved was not competent as these were the offences committed against public justice. It has been pointed out by the learned counsel on behalf of…

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