435. Procedure in false cases. [§ 12, Act V, 1861].
(a)On receipt of a complaint of a false case a Court officer shall move the Magistrate to give the complainant of the original case an opportunity of proving the truth of his case. Should he choose to show cause against his prosecution, a judicial enquiry will follow; if he does not, the Magistrate may issue a process at once under section 204 of the Code of Criminal Procedure . Where the Magistrate has decided to issue process either under section 182 or under section 211 of the Indian Penal Code, the original case shall be entered at once in the general register as "false" and the Court officer shall put up the general register to the Magistrate for orders. If on the trial of the complainant his case is found to be true, the Court officer shall put up the general register to the Magistrate for correction. In cases instituted before a Magistrate and referred to the police for investigation the complainant's prosecution, either under section 182 or 211 of the Indian Penal Code, shall be based on a complaint in writing by the Magistrate concerned under the provisions of section 193(i)(a) or section 476 of the Code of Criminal Procedure, as the case may be. In cases reported direct to the police if it is decided to prosecute the complainant under section 211 of the Indian Penal Code, after he has filed a "naraji" petition to a Magistrate, the Court officer shall move the Magistrate concerned to make a complaint under section 476 of the Code of Criminal Procedure, before a process is issued against him. (See regulation 279.)(b)The result of the application for sanction to prosecute and of the trial, if prosecution be sanctioned, shall be communicated by the Court officer to the officer-in-charge of the police-station.
