1. This is an application asking this Court to revise an order of the 2nd class Magistrate of Puttur disallowing a preliminary objection of the accused to his prosecution for an offence under Section 182 of the Indian Penal Code and the order of the Sessions Judge of South Canara refusing to recommend to this Court the quashing of that order.

2. The facts necessary for the disposal of this appeal are briefly as follows:

On the 5th February 1907 the accused made a complaint to the Police that certain articles had been stolen from his house. On the 4th February the Police made an inquiry in consequence and at that inquiry the accused repeated his complaint and said that he suspected the complainant as the person who committed the theft. It was found that no theft took place at all in the accuseds house and that his complaint was false. The complainant then made a complaint in which he alleged the information laid by the accused on the 5th February and on the 11th February 1906 was false. The case was tried by the Deputy Magistrate of Puttur and a charge was framed against the accused under Section 211 of the I.P.C. in that he instituted a false charge of theft against the complain