MST. SALMA versus STATE
Sections 561A and 195 Panel Code (XLV of 1860), Sections 182 and 506B Cushing Order Petition of Record show that the relevant officer presenting the challan in court before the magistrate had neither sought permission nor Nor did he state that he had initiated the action. Against the Complainant under Section 182, PPC. On the contrary, it was the magistrate who directed him to initiate proceedings under 5 182; the PPC endorsement was only that of a government employee who had made a false complaint and who could initiate proceedings under section 182, the complainant. There was no authority to direct the PPC against the magistrate. Police will initiate proceedings against the complainant under Section 182; the magistrate, while instructing him to initiate criminal proceedings, violated the provisions of PPC Order Section 195, CRPC and was not sustainable under the law. ?
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