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Bansidhar Pande Vs. Chunni Lal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Reported inAIR1927All744
AppellantBansidhar Pande
RespondentChunni Lal
Excerpt:
- .....under section 250, criminal p.c. may be set aside. the charge against chunni lal brought by complainant bansidhar, was one raider section 218, i.p. c, an offence exclusively triable by a court of sessions. under section 250, criminal p. c, a magistrate has jurisdiction to direct a complainant to pay compensation only in such cases as are triable by a magistrate. as the present case was not triable by a magistrate, the discharge of the accused and the magistrate's refusal to commit him to the sessions did not invest the magistrate with the power of imposing a fine on the complainant under section 250, criminal p. c: see het ram v. ganga sahai [1918] 40 all. 615.2. the magistrate's order of fine against bansidhar dated 2nd february 1927, is therefore, set aside, and it is directed.....
Judgment:

Dalal, J.

1. This is a reference made by the learned Additional Sessions Judge of Gorakhpur, with a request that the order of compensation passed by a Magistrate under Section 250, Criminal P.C. may be set aside. The charge against Chunni Lal brought by complainant Bansidhar, was one raider Section 218, I.P. C, an offence exclusively triable by a Court of Sessions. Under Section 250, Criminal P. C, a Magistrate has jurisdiction to direct a complainant to pay compensation only in such cases as are triable by a Magistrate. As the present case was not triable by a Magistrate, the discharge of the accused and the Magistrate's refusal to commit him to the Sessions did not invest the Magistrate with the power of imposing a fine on the complainant under Section 250, Criminal P. C: see Het Ram v. Ganga Sahai [1918] 40 All. 615.

2. The Magistrate's order of fine against Bansidhar dated 2nd February 1927, is therefore, set aside, and it is directed that the fine, if any recovered, shall be refunded.


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