Otngte Banch TtlMl.IGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P. No. "^^l of 2011 APPLICANT N0. ^1^-.:-. ,s?»? '£:'WSSS^ "o Butalu S/o Mohar Sai Jaiswal, aged about 80 years, Occupation-Agriculture, Caste- Kalar, R/o Village - Barbhata, at present resident of Kumharpara, Sarangarh, Distt.-Raigarh (C.G.) VERSUS Sardha Ram, S/o Jaldhar Jaiswal, aged about 65 years, R/o Village Barbhata, Police station and Tahisl Sarangarh, Distt. Raigarh (C.G.) PETITION.UWDER SECTION 48^ OF CRIMINAL PROCEDURE CODE RESPONDENT NON-APPLICANT 'C—7S ^~=T "4111W4, 8>'fl1y<l<e, fadiyy KJ& -a~f-l /i) 200 311^1'q^r (1pf3sl^) SII^I ^il R-< '<TafT ^II^T Sft^icti T^tlIW^ftg 311^1 SB : Hon'ble Shri Manincira Mohan 1347.201'! Shri Pushpendra Kumar Patel, (] Heard on admission. This petition under Section 4 3/7/2010, by which the complaint ag^ Magistrate after recording preliminary ^ as also order dated 29/1/2011, by wi- order of registration of criminai case in The only ground on which the pi of order passed by the Courts beiow is is taken as it is, no case for commissio because the proceedings drawn by petitioner under the provisions containi to be criminat proceedings. Learned proceedings are meantonlyto require aiso for good behavior and it is not any charge relating to commission of time being in foroe. The arguments of learned coun to be just but on closure scrutiny, does "Whoever, with intent to cause instituted any criminal proceeding aga with having committed an offence, kni such proceeding or charge against of either description for a term which +w!<'i41-i 'qiiRif ii ft^ <^i<^i< ^StfilII 311^1 Shrivasteva, A [ounsei for the petitioner. p2 of CrPC is directed against order dated (inst the petitioner has been registered by the (tatements of the complainant and its witnesses |ich the rewision fiied by the petitioner against (xamplaint has been dismissed. ^titioner seeks to assaii correctness and vatidity . that even if the entire case of the complainant ih of offence under Section 211 iPC is made out |the Magistrate on the compfaint against the ^d in Section 107,108 of CrPC, cannot be said counselfor the petitioner submits that those ^ person to give security for keeping peace and int^nded to prosecute a pereon in connection with opence either under IPC or any ofher law for the ^ei for the petitioner at the first instanee appear |not haveany merit. Section211 iPCreads- pnjury toany person, institutes or causes to be fnst that person, or faisety charges any person <iwing that there is no just or lawfui ground for th^t pereon, shaii be punished with imprisonment |may extend to two years, or with fine, or with + y 8 ^ XI-HC—7S 'S^ ^wwi, •a-i^ww, hviw^i. Q_'TV^- IA-O- 3'^- ) / I j a^r'TW (licli^ai<'ET) aii^ivi R-ii'* 'cT^T ^n^FT sft+licTi r: ^' t-**' ' Deepti ^irer'gfei 3n*?i •^' cbl't1^d41'l'f 'i?P^ff ^f 'fex3t <f:<q*$K ^?3lfilH3II^I both; and if such criminal proceeding ]be instituted on a false charge of an offence punishabls with death, imprisonment |for iife, or imprisonment for seven years or upwards, shail be punishable with impr|sonment of either description for a term which may extend to seven years, and shail a|so be iiabie to fme." A perusql of aforesaid provisipi) Wouid show that offence under Section 211 iPC may be made out not only in a cas^of maidng faise charges of having committed an offence but also when the criminaipi Sectibn 107 of CrPC are the proceed •oceeding is instituted. The proceedings under ngs wherein the Magistrateupon information may require a pereon to execute a b^nd with or without surety for keeping peace. Similariy, ynder Section 108 of CrPC, (^0 security for good behavior may be required from a person. True it is that the proceedings ^ Section 107 and 108 CrPC do not reiate to commission of offence or any charg|e, nevertheiess, it is dffncult to accept the contention of iearned counsel for the p^titioner that those proceedings are not criminal proceedings. The word 'criminal prc4eedings! has not been defined in Criminal Procedure Code, 1973, however, the plroceedings drawn under Section 107 and 108 of CrPC against a person requiring him| to give security for keeping peace or for good behavior would come within meaning c|f criminai proceedings, as used under Section 211 oftheiPC. I Therafore, I do not find that the|Courts below have committed any iilegaiity or acted beyond its jurisdiction in registerijig offence under Section 21 1 iPC on the basis of averments made in the compiaint sjnd preliminary statements of the compiainant and its witnesses recorded by the Magi; The petition is therefore dismiss^d. itrate before such registration. M—MSSbri<aaa"