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1941 DIGILAW 182 (CAL)

Hari Charan Bose v. Bhabani Charan Chakravartty

1941-06-25

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JUDGMENT Bartley, J. - This Rule is directed against an order made by the learned Sessions Judge of 24-Parganas, directing further enquiry into what is called a complaint under sec. 193 of the Indian Penal Code made by the Opposite Party. 2. This complaint was dismissed under sec. 203 of the Code of Criminal Procedure by a Magistrate of Sealdah whereupon the learned Judge directed further enquiry. 3. In our opinion, the Rule must be made absolute. 4. In the first place, the alleged complaint discloses no offence whatsoever. It consists simply of a statement to the effect that certain account books used before a Court in the course of an enquiry into an offence alleged to have been committed under secs. 406 and 424 of the Indian Penal Code contained false entries. No attempt is made to specify what these entries were and all that was said was that they had been fabricated with the intention that they might appear in evidence in subsequent judicial proceedings. 5. It is clear that no process can issue upon vague allegations of this character which do not constitute a statement of any definite offence at all. 6. Secondly, in view of the position that the complaint purported to be under sec. 193 with regard to documents produced in reference to a criminal proceeding it is doubtful whether the procedure by way of direct complaint could be resorted to in view of the provision of sec. 195 of the Code of Criminal Procedure. This Rule is, accordingly, made absolute. The order of the learned Sessions Judge is set aside and the proceedings are quashed. Lodge, J. I agree.