L. N. CHHANGANI, J.

( 1 ) THE Additional District Magistrate, Jodhpur has made this reference with a recommendation that the offence under Section 211 I. P. C. for which Parasmal is being prosecuted having been committed in relation to proceedings before a Court, the prosecution of Parasmal on the private complaint of Sesmal is not competent and desires this Court to issue necessary orders, which obviously implies the quashing of the proceedings for prosecution.

( 2 ) THE facts briefly stated are that Parasmal lodged information with the police accusing the present complainant Sesmal of art offence of theft i. e. under Section 379 I. P. C. in respect of a truck. The complainant was arrested and the truck was recovered from him. The accused applied to a Magistrate for enlarging him on bail and handing over the truck to him. The accused was released on bail and the truck was handed over to one Badri-narain with the direction to maintain it in a proper condition. After investigation the Police fourth Parasmals information false and submitted a final report which was accepted by the Magistrate and the truck was returned to the present complainant Sesmal. After the disposal of