An appeal under Section 341 of CrPC is maintainable only after a formal complaint is filed, not merely based on an order directing such a complaint.

J U D G M E N T

The appellant herein is the complainant in C.M.P.No.717 of 2009 of the court of the Enquiry Commissioner and Special Judge, Thrissur. By the impugned order dated 10.3.2011, the learned Judge of the Special court has found that the appellant/complainant is liable to be prosecuted for the offence under Section 211 of IPC and thus ordered to file a complaint before the Chief Judicial Magistrate court-Thrissur for prosecuting the appellant for the offence under of . It is the above order which is under challenge in this appeal.

2. Heard the counsel for the appellant. I have also perused the order impugned in this appeal.

3. As I indicated earlier, the order challenged in this appeal is an order issued under Section 340 of Cr.P.C., by which the learned Judge of the Special court has found that the appellant herein is liable to be prosecuted for the offence under Section 211 of IPC and also observed that the complaint will be filed before the court of Chief Judicial Magistrate-Thrissur for prosecuting the complainant/ appellant for the offence punishable under of . V.C.No.13 of 2009/T.S.R. was registered on the basis of a private complaint preferred by one Wilson represented by his power of attorney holder Ramakrishnan. The allegation in the complaint is that the accused therein, who was working as Village Officer in Oorakam village has conducted an enquiry in a petition filed by Ettumana Marananthara Sahaya Samithy to the District Collector, Thrissur, against the complainant claiming a way through the property of Wilson and when the said complaint received by the accused, she undertook an enquiry and filed a false report stating that there is a way existing to the property of the Samithy through the property of one Devaki and the said report was filed by misusing the position as a public servant and after receiving the illegal gratification from the samithy. The said complaint was sent for investigation under Section 156(3) of Cr.P.C. and the Investigating Officer has filed a report showing that the complaint preferred by the appellant as a false one and recommended action to be taken against the complainant/the appellant herein, for the offence under of . On the basis of the above report, the learned Judge of the said court issued a show-cause notice to the appellant/complainant for not taking action against him for the offence under of . Pursuant to the said notice, the appellant appeared before the court and furnished an explanation and an enquiry was undertaken by the Judge of the Special court as contemplated under of Cr.P.C. and witnesses were examined. After considering the entire facts and circumstances and the evidence on record, the learned Judge of the Special court has found that, the prima facie evidence would prove that the facts reported by Smt.Regha who is the accused in C.C.No.13 of 2009/TCR is proved and the petitioner in C.M.P.No.717 of 2009 has filed a complaint against said Smt.Regha raising false allegation which he knows to be false and the complaint was filed with an intention to cause injury to said Regha and thereby the complainant/appellant has committed the offence punishable under . On the basis of the above finding, the learned Magistrate of the Special court further found that the interest of justice demands that the complainant in C.M.P.No.717 of 2009 is liable to be prosecuted for the offence under of . Challenging the above findings and order, the appellant herein preferred this appeal under Section 341 of Cr.P.C.

4. Section 341 of Cr.P.C. reads as follows :-

“Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195, and the superior Court may thereupon, after notice to the parties concerned,