The scope of interference in such cases is limited unless the finding of the Court below is perverse.

1. Heard on admission.

2. This revision is directed against the impugned order dated 9-4-1999 passed by Judicial Magistrate First Class, Durg in an unregistered complaint case dismissing the complaint itself.

3. During pendency of this revision, respondent No.3 B.S. Tirki expired and, therefore, his name was ordered to be deleted from the cause-title.

4. Contention of Shri Uttam Pandey, learned counsel for the applicant/ complainant is that the Court below has erred in law in dismissing the complaint in limine and without considering the statement of the complainant. It has been argued that the complaint has been dismissed in a hasty manner even without waiting the report of the Superintendent of Police, Durg which was called by the Court below vide order dated 16-10-1998 and 6-2-1999. Learned counsel for the applicant/ complainant submits that once the report of the police officer was called, the Court below ought not to have decided the case on merits without getting the said report. He further submits that even otherwise the grounds which have been taken by the Court below while dismissing the complaint case are unsustainable.

5. On the other hand, Shri Sudhir Verma, learned counsel for respondents No.1 and 2, Shri Arvind Singh, learned counsel for respondent No.4 and Shri Anand Verma, learned counsel for respondent No.5 support the impugned order and submit that the Court below is fully justified in dismissing the complaint which was prima facie frivolous and was filed with ulterior motive to grab money from the respondents.

6. I have heard learned counsel for the parties and perused the record as also the impugned order with utmost circumspection. On 26-8-1998 a complaint case was filed by the applicant/complainant against the five respondents including the deceased respondent B.S. Tirki, the concerned Station House Officer alleging in it that he had retired from the post of Divisional Assistant Excise Commissioner on 31-1-1997. He submitted in the complaint that he was an honest and dedicated Government officer but unfortunately a false F.I.R. (Ex.P-11) was lodged by respondent No.1 Smt. Deokibai on 23-9-1997 making allegation against him for commission of rape. As per the applicant/complainant, in the said case of rape, respondent No.2 Udal Satnami, father of respondent No.1 gave a false evidence before the Court below whereas the deceased respondent No.3 B.S. Tirki, the concerned Station House Officer had done faulty investigation and though the weapon and vehicle of the applicant/complainant were not used in commission of the offence yet he had seized the said weapon and the vehicle in an illegal manner. In respect of respondent No.4 J.S .Saggu, the allegation was that during his arrest, he was working as Station House Officer at Pulgaon and had misbehaved with the applicant/complainant, naked him and abused him. So far as respondent No.5 B.R. Mandawi is concerned, the allegation against him was that he had not returned the vehicle of the applicant/complainant and the seized Jeep which was given to the applicant/complainant was in bad condition and for which the respondent No.5 was responsible.

7. It is also alleged by the applicant/complainant that in Special Case No.265/1997, registered at the behest of respondent No.1, he was acquitted vide judgment dated 27 -5-1998 and since he was acquitted by the Court below, he filed the complaint case against the respondents. In the complaint, it was prayed by the applicant/complainant that the offences under Sections 109, 166, 182, 191,192,193,195,196,220,294,323,342,409 and 500 IPC be registered against the respondents.

8. In support of his case the applicant/complainant got recorded his statement under Section 200 Cr.P.C. on 11-9-1998 and except his statement there is no other statement by any of the witness. In his statement, the applicant/ complainant narrated what was stated by him in the written complaint filed by him on 26-8-1998. From the order-sheets of the Court bel