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Bindhaohal Prasad Rai Vs. Lal Bihari Rai and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported inAIR1914All870(2); (1914)ILR36All382
AppellantBindhaohal Prasad Rai
RespondentLal Bihari Rai and ors.
Excerpt:
criminal procedure code, sections 107 and 250 - frivolous or vexatious complaint-compensation--application to magistrate to bind over certain persons to keep the peace. - - but the order complained of being in my opinion illegal i cannot allow it to stand now that it has come before me in revision......of the definition of the word ' offence ' in the code of criminal procedure it is clear that a person in respect of whom information has been laid before a magistrate to the effect that he is likely to commit a breach of the peace, or is otherwise liable to the provisions of section 107 of the code, is not a person accused of any offence. an order for payment of compensation cannot be made against a man who has petitioned a magistrate to take action under section 107 of the code. the objection is one which should have been taken before the magist' rate when the petitioner, bindhachal prasad, was called upon to show cause why the order under section 250 should not be made against him; but the order complained of being in my opinion illegal i cannot allow it to stand now that it has.....
Judgment:

Piggott, J.

1. In view of the definition of the word ' offence ' in the Code of Criminal Procedure it is clear that a person in respect of whom information has been laid before a Magistrate to the effect that he is likely to commit a breach of the peace, or is otherwise liable to the provisions of Section 107 of the Code, is not a person accused of any offence. An order for payment of compensation cannot be made against a man who has petitioned a Magistrate to take action under Section 107 of the Code. The objection is one which should have been taken before the Magist' rate when the petitioner, Bindhachal Prasad, was called upon to show cause why the order Under Section 250 should not be made against him; but the order complained of being in my opinion illegal I cannot allow it to stand now that it has come before me in revision. I set aside the order directing Bindhachal Prasad to pay compensation to each of the four persons in respect of whom proceedings under Section 107 of the Code were taken. The money, if paid, will be refunded.


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