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

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in25Ind.Cas.330
AppellantBidhachal Prasad Rai
RespondentLal Bihari Rai and ors.
Excerpt:
criminal procedure code (act v of 1898), sections 107, 250 - 'offence'--order for compensation, whether can be made against a petitioner under section 107. - - but the order complained of being, in my opinion, illegal, i cannot allow it to stand now that it has come before ma in revision......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 magistrate 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 Magistrate 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 ma 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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