L. N. CHHANGANI, J.

( 1 ) THIS reference by the Sessions Judge, Merta raises for determination the following question : Whether it is open to a police officer with whom an information of the commission of an offence was lodged, to prosecute the informant under Section 182, I. P. C. (giving false information) even after the informant had filed a complaint before a Magistrate on the same facts and allegations, a complaint of Court under Section 195 (1) (b) being unnecessary. The facts and the circumstances leading to the reference are these :

( 2 ) AT about 8 or 9 P. M. on 1-6-1957 Ram Deo, the accused petitioner gave information to the S. H. D. Deedwana to the effect that Shri Kedarmal and Radha kishan committed a trespass into his house at Deedwana with preparation to cause hurt on 1-6-1957 at about 4 P. M. The case was. investigated by the Circle inspector, Deed-wana who submitted a final report to the learned Sub-Divisional magistrate to the effect that the report Was false and that Ram Deo may be ordered to be prosecuted under Section 211, I. P. C. The learned Sub-Divisional magistrate accepted the report but did not file a complaint under Section 211, I. P. C. Ram Deo