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Govind Prasad Singh and ors. Vs. Ram Das Dusadh - Court Judgment

LegalCrystal Citation
Decided On
Reported inAIR1924All666; 81Ind.Cas.43
AppellantGovind Prasad Singh and ors.
RespondentRam Das Dusadh
criminal procedure code (act v of 1898), section 203 - complaint pending before magistrate sent to district magistrate for transfer to some other court--district magistrate's jurisdiction to dismiss complaint. - .....of the court.....

Daniels, J.

1. This is an application in revision against an order of the learned Sessions Judge of Ghazipur setting aside the dismissal of a complaint under Section 203, Criminal Procedure Code. It is not alleged that the reasons given for dismissing the complaint were insufficient but the learned Sessions Judge is of opinion that the District Magistrate who passed the order had no jurisdiction. The complaint was originally before a Deputy Magistrate. The Deputy Magistrate considered that there were reasons why he should not try it and sent the case to the District Magistrate with a view to the District Magistrate transferring it to another Court. Instead of transferring it to another Court the District Magistrate after examining the record came to the conclusion that the complaint was wholly without foundation and dismissed it. In my opinion the District Magistrate was sufficiently seised of the case and the order passed by him was not passed without jurisdiction.

2. I accordingly accept the revision and set aside the order of the Court below.

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