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2022 (7) TMI 1469 - SC - Indian LawsAlleged massacre of Tribals - It is the case of the writ Petitioners that the Chhattisgarh Police, Special Police Officers (SPOs), the activists of Salwa Judum (group of vigilantes sponsored by the Chhattisgarh Government) and the Paramilitary Forces consisting of the CRPF and the CoBRA Battalions are responsible for the alleged brutal massacre of the tribals in the respective villages - HELD THAT:- Section 340 of the Code of Criminal Procedure came up for the consideration before a three-Judge Bench of this Court in the case of Pritish v. State of Maharashtra [2001 (11) TMI 1017 - SUPREME COURT]. In Pritish, this Court was called upon to consider, whether it is mandatory on the part of the court to make a preliminary inquiry Under Section 340 of the Code of Criminal Procedure before filing a complaint Under Section 195 of the Code of Criminal Procedure and further, whether the court is required to afford an opportunity of hearing to the person against whom a complaint is filed before a Magistrate for initiating prosecution proceedings. This Court took the view that an opportunity to the would be Accused before the filing of the complaint was not mandatory, and observed that the preliminary inquiry was itself not mandatory. In M.S. SHERIFF VERSUS THE STATE OF MADRAS AND OTHERS [1954 (3) TMI 76 - SUPREME COURT], a Constitution Bench of this Court said that no expression on the guilt or innocence of persons should be made by court while passing an order Under Section 340 of Code of Criminal Procedure. An exercise at that stage is not for finding whether any offence was committed or who committed the same. The scope is confined to see whether the court could then decide on the materials available that the matter requires inquiry by a criminal court and that it is expedient in the interest of justice to have it inquired into. This decision of the Constitution Bench has also been followed in Pritish observing that the court, when decides to make a complaint Under Section 340, is not to record finding of guilt or innocence of person against whom complaint is to be made before a Magistrate. The essential ingredients for invoking Section 211, Indian Penal Code are that the complaint must have falsely charged a person with having committed an offence. The complainant, at the time of giving the complaint must have known that there is no just or lawful ground for making a charge against the person. This complaint must have been given with an intention to cause injury to a person - a false "charge" in this Section must not be understood in any restricted or technical sense, but in its ordinary meaning, of a false accusation made to any authority bound by law to investigate it or to take any steps in regard to it, such as giving information of it to the superior authorities with a view to investigation or other proceedings, and the institution of criminal proceedings includes the setting of the criminal law in motion. Application disposed off.
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