Judgment

GAJENDRAGADKAR, J. : On December 10, 1958, Mr. M. L. Sethi lodged a First Information Report against the appellant Mr. R. P. Kapur and alleged that he and his mother-in-law Mrs. Kaushalya Devi had committed offences under Ss. 420-109, 114 and 120B of the Indian Penal Code. When the appellant found that for several months no further action was taken on the said First Information Report which was hanging like a sword over his head he filed a criminal complaint on April 11, 1959, against Mr. Sethi under Ss. 204, 211 and 385 of the Indian Penal Code and thus took upon himself the onus to prove that the First Information Report lodged by Mr. Sethi was false. On the said complaint Mr. Sethi moved that the proceedings in question should be stayed as the police had not made any report on the First Information Report lodged by him and that the case started by him was still pending with the police. After hearing arguments the learned Magistrate ordered that the appellant s complaint should stand adjourned.

2. Thereupon the appellant moved the Punjab High Court under S. 561-A of the Code of Criminal Procedure for quashing the proceedings initiated by the First Information Report in que