This was a Rule calling upon the District Magistrate to show cause why an order passed under sec. 476, Cr. P.C, should not be set aside on the ground that the order was made without jurisdiction.
It appears that the Petitioner lodged information with the Police. The Police reported the case to be false. The case then came before the Sub-Divisional Magistrate, who passed the following order: “The complainant to prove his case on the 8th October, 1912”. The Petitioner apparently had made no complaint to the Magistrate.
We have allowed the learned pleader for the other side to appear. But he has been entirely unable to show us any provision of law under which this order was passed. The proceedings do not seem to us to come within any of the provisions of the Criminal Procedure Code. They do not come within sec. 202 as there was no complaint: nor do they come under sec. 159 as they were taken on a final report and not on a first information report. We think therefore that the Rule must be made absolute on the ground on which it was issued.
We are informed, however, that the Police officer with whom the information was lodged asked for the prosecution be the Petitioner. We of course do not desire to limit his power to prefer any complaint under sec. 195, Cr. P.C, which he may be advised to make.
S.C.M
Rule made absolute.