A complaint must be supported by factual basis and cannot be based solely on suspicion. The court cannot act as an investigating agency for complaints lacking specific allegations or evidence.

1. Petitioner who describes himself as a Director of 'Loka Chalanam Janakiya Sangham', challenges an order of the Judicial Magistrate of First Class, Ernakulam, dismissing the complaint in CC No. 8/1983.

2. Out of his eagerness to maintain purity in public life, petitioner says be filed the complaint, suspecting that the first respondent-daughter of the second respondent-secured admission to a Medical College without the minimum marks required, by forging a marklist. Offences under S.465, 466, 478, 471 and 472 read with S.109 IPC were alleged. First respondent passed her Pre-Degree Examination in the year 1977

with Reg. No. 84524. According to petitioner, she secured below 50 percent in Science subjects, 50 per cent being the minimum marks for seeking admission to Medical Colleges. Respondents are alleged to have altered the marks in the certificate, thus dishonestly and fraudulently making a document and using it as genuine. Complaint is unique by absence of averments of facts. It is not stated how, or when or in what manner, this was done. Paragragh.5 of the complaint only states that the offence committed by the accused would be proved, if the consolidated marklist for 1977, individual mark sheet of the first accused, mark book for each subject, the tabulation register for 1977 and the answer papers of the first respondent were examined. Petitioner entertained a suspicion and no more. He wanted the court to make an investigation.

3. A complaint should contain allegations, and if the Magistrate is satisfied on an examination of the complaint and the witness present or on inquiry that there is sufficient ground for proceeding, be may issue process under S.204 Cr. PC. If after considering the statement and the result of enquiry or investigation under S.202 Cr. PC. Magistrate is of opinion that there is no sufficient ground, he shall dismiss the complaint. Dismissal or issue of process must be on the satisfaction of the Magistrate. Process cannot be issued merely on the basis of a suspicion entertained by the complainant.

4. Magistrate below examined Cws.1 to 4 (the complainant and three Controllers of examination of the University) and considered Exts. C2 to C8. Upon such consideration, the Magistrate did not find sufficient ground to proceed, and dismissed the complaint under S.203 Cr. PC. It was noticed that the complainant had not seen the mark book, consolidated marklist, or the original marklist issued to the first respondent, or the tabulation register.

The Magistrate also noticed that complainant had no knowledge of the tampering alleged, and had only "hearsay knowledge". It was further noticed that according to Ext. C6 marklist the first respondent bad secured more than 50 per cent marks.

5. Two contentions raised are that the Magistrate should have caused production of various registers of the University, examined them and come to a conclusion, and that one Mr. Jolly, Dy. S. P. whose evidence was disposed with should have been examined.

6. Court enquiring into a complaint, is not required to assume the role of an investigating agency to collect evidence. Inquiry is contemplated by provisions of the Code and the court may also direct an investigation under S.156(3) of the Code. But. that does not put the court in the position of an investigating agency to collect evidence for a complaint who comes before it without positive allegation or material, but with only hearsay information. If the court were to lend itself to such exercises results would be very unwholesome and the court would at once be the prosecutor and judge. Any person without any apparent justification will be in a position to harass any one whom he chooses. Prosecution is entrusted to an independent agency, so that possible harassment or persecution is avoided. If the investigating agency does not act, remedy is available to an aggrieved person by way of filing private complaint. But by filing a private complaint on hearsay information, the complai