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1974 DIGILAW 223 (RAJ)

State of Rajasthan v. Ratan Lal

1974-07-30

B.P.BERI

body1974
JUDGMENT B.P. Beri, CJ. - The Additional Munsiff Magistrate No.2, Jodhpur, by her order dated 23rd August, 1971, dismissed a police report under section 182, Indian Penal Code, because the so-called complainant was absent. The learned Magistrate was probably not aware of this High Court's clear authority of a Division Bench is State of Rajasthan v. Iqbal Hussain, ILR (1963) 13 Raj 164 that a police officer when he accused under section 182, Indian Penal Code, he is making a police report and not a complaint to which section 247, Criminal Procedure Code is not applicable. The order of the learned Magistrate is clearly illegal. It is accordingly set aside and the revision is accepted. *******