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Muhammad Ali Khan Vs. Raja Ram Singh - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in45Ind.Cas.1006
AppellantMuhammad Ali Khan
RespondentRaja Ram Singh
Excerpt:
criminal procedure code (act v of 1898), section 250 - compensation to accused--charges under different sections--acquittal on some and conviction on others, effect of. - .....they would have been separately charged and tried separately. the provisions of section 250 of the code of criminal procedure will not apply to such a state of facts, unless the magistrate who tried the case discharges or acquits the accused altogether. the section speaks of 'the case' as a whole, and cantemplates a trial or inquiry ending in the unqualified acquittal or discharge of the accused. a complainant who, having a genuine grievance, wilfully exaggerates or distorts the same in order to aggravate the case against the accused is liable, in the discretion of the trial court, to be prosecuted for any offence against the indian penal code which he may have committed; but the policy of the legislature seems to be to limit the summary jurisdiction of the court under section 250 of the.....
Judgment:

Piggott, J.

1. Raja Ram Singh was tried at one trial by a Magistrate of the First Class on two charges framed under Section 506 and Section 500 of the Indian Penal Code. He was acquitted on the former and convicted on the latter charge. The complainant Muhammad Ali Khan has been ordered to pay a compensaion of Rs. 25 to Raja Ram Singh, on the ground that the charge of criminal intimidation was frivolous or vexatious. The question I have to determine is whether this order is legal in view of the fact that Raja Ram Singh was convicted on one of the two charges against him. I must take it that the complainant's case was that the two offences in question were committed in the course of one series of acts so connected together as to form the same transaction, otherwise they would have been separately charged and tried separately. The provisions of Section 250 of the Code of Criminal Procedure will not apply to such a state of facts, unless the Magistrate who tried the case discharges or acquits the accused altogether. The section speaks of 'the case' as a whole, and cantemplates a trial or inquiry ending in the unqualified acquittal or discharge of the accused. A complainant who, having a genuine grievance, wilfully exaggerates or distorts the same in order to aggravate the case against the accused is liable, in the discretion of the trial Court, to be prosecuted for any offence against the Indian Penal Code which he may have committed; but the policy of the Legislature seems to be to limit the summary jurisdiction of the Court under Section 250 of the Criminal Procedure Code to simple cases in which the complainant is found to have been wholly in the wrong. There is authority for this view in the case of Mukti Bewa v.Jhotu Santra 24 C. 53 : 1 C.W.N. I7 : 12 Ind. Dec. (N.S.) 700. I think that case was rightly decided and that it covers the facts now before me.

2. I set aside the order directing Muhammad Ali Khan to pay Rs. 25 as compensation. The money, if paid, will be refunded.


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