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Salimullah Vs. Birjhan Singh and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1917All95(1); 37Ind.Cas.639
AppellantSalimullah
RespondentBirjhan Singh and ors.
Excerpt:
criminal procedure code (act v of 1898,), sections 202, 203 - complaint, delay in passing orders on-magistrate, duty of. - .....examined in the hospital. looking to nature of the case, i think it inexpedie after the time that has elapsed to re-open t matter; but i draw the attention of t district magistrate to the complaint and the seriously improper action of the first class magistrate. it will be for the distr; magistrate to consider whether any action should be taken to secure the keeping of t peace and at this stage i leave the case. t application is dismissed.
Judgment:

George Knox, J.

1. It appears from the papers before me that Salimullah applicant on 30th June 1916 filed a complaint before a Magistrate of the first class at Ballia. The Magistrate appears to have put the complaint into his kuteheri box and to have passed no order upon it until the 17th of August 1916. I have in previous cases commented strongly upon such conduct on the part of Magistrates and I am surprised to find a Magistrate of the first class acting in this way. , Magistrates have no right whatever to keep complaints instituted before them without order, as the learned Magistrate did in this case. Such action is in the highest degree improper and shows want of proper understanding as to what their duties are. The complainant came here on the 21st 6f September and filed an application against the order of the Magistrate dismissing the complaint under Section 203 of the Code Criminal Procedure. The first two group taken in the application are not entitled weight. If the Magistrate had passed order he did in June, whether the order passed had been proper or improper, it would not have been open to attack on these that please.

2. There remains the third plea. I have thing before me to show how far the persons were seriously hurt and their injure examined in the hospital. Looking to nature of the case, I think it inexpedie after the time that has elapsed to re-open t matter; but I draw the attention of t District Magistrate to the complaint and the seriously improper action of the first class Magistrate. It will be for the Distr; Magistrate to consider whether any action should be taken to secure the keeping of t peace and at this stage I leave the case. T application is dismissed.


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