Allahabad Court September 1930 Judgments

Emperor Vs. Johri

Court: Allahabad

Reported in: AIR1931All269; 136Ind.Cas.277

Bennet, J.1. This is a reference by the learned Sessions Judge of Agra recommending that the' commitment of Johri to the Court of Session for trial under part 2, Section 211, I. P.C., should be quashed. Johri made a report under Section 304, I. P C., against certain persons, and the case for the prosecution is that that report was false. If the case comes under part 2 of Section 211, I. P.C., the ease would be triable only by the Court of Session. The police made an investigation into the report and found it to be false, and the persons named in it were not prosecuted. Hence the Sessions Judge considers that no criminal proceedings were instituted and therefore the charge of making the false report comes under the first part of Section 211, I. P.C., and is punishable with two years' imprisonment of either description or with fine or with both and as the committing Magistrate can pass such sentence he should dispose of the case himself.2. The view of the Sessions Judge is in accordance ...