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Ram Singh Vs. Mathura and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1912)ILR34All354; 14Ind.Cas.599
AppellantRam Singh
RespondentMathura and ors.
Excerpt:
criminal procedure code (act v of 1898), section 250, application of - frivolous and vexatious accusations--compensation to lie awarded along with order of discharge or acquittal. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under..........was not intended to meet the case of false accusations. it was meant to meet with frivolous and vexatious accusations. where a person complains that he was kept in confinement for three days, he is going a long step beyond making a frivolous or vexatious accusation. over and above this, the words contained in section 250 are clear. if a magistrate wishes to direct payment of compensation in frivolous cases, he is to give the direction by his order of discharge or acquittal. in other words, before pronouncing the order of discharge or acquittal, he has to call upon complainant and to record and consider any objections that the complainant may make. after having done so, and not before, should he place on record or, at any rate, only then, pronounce his order of discharge or acquittal......
Judgment:

George Knox, J.

1. This case has been rightly reported. I find that the learned Magistrate in his judgment says:--'The case is utterly false and I acquit all the accused.' Section 250 of the Code of Criminal Procedure was not intended to meet the case of false accusations. It was meant to meet with frivolous and vexatious accusations. Where a person complains that he was kept in confinement for three days, he is going a long step beyond making a frivolous or vexatious accusation. Over and above this, the words contained in Section 250 are clear. If a Magistrate wishes to direct payment of compensation in frivolous cases, he is to give the direction by his order of discharge or acquittal. In other words, before pronouncing the order of discharge or acquittal, he has to call upon complainant and to record and consider any objections that the complainant may make. After having done so, and not before, should he place on record or, at any rate, only then, pronounce his order of discharge or acquittal. I set aside the order of payment of Rs. 30 as compensation and direct that it be returned to Bam Singh.


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