Judgment

BHARGAVA, J.:- A first information report was lodged by one Vijay Shankar Nigam in Police Station Cantonment, Gorakhpur, in respect of an incident alleged to have taken place at about 7 p. m. on 10th April, 1968, in front of his house. The report stated that one Bipen Kumar Tiwari had been attacked by certain goondas who also stabbed him with a knife and further caused injuries to Vijay Shankar Nigam also. One of the principal accused named in that report was S. N. Sharma, Additional District Magistrate (Judicial), Gorakhpur, who is the appellant in this appeal. The allegation against him was that it was at his instigation that the goondas had attacked Bipen Kumar Tiwari and attempted to murder him. The offences made out by the report lodged by Vijay Shankar Nigam were cognizable and the Police, after registering the case, started investigation. On the 13th April, 1968, the appellant moved an application before the Judicial Magistrate having jurisdiction to take cognizance of the offence, alleging that a false report had been lodged against him at the connivance and instance of the local police. It was urged that it would, therefore, be desirable in the interest of justice