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Thakur Kashi Prasad Vs. Emperor Through Ram Sunder - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in92Ind.Cas.588
AppellantThakur Kashi Prasad
RespondentEmperor Through Ram Sunder
Cases ReferredRam Singh v. Mathura
Excerpt:
criminal procedure code (act v of 1398), section 250 - frivolous or vexatious complaint--compensation, award of. - .....the applicant kashi prasad brought a complaint against the opposite party which was found to be false and brought on account of enmity. the learned trying magistrate ordered the accused to pay rs. 50 as compensation. the contention here is that no such compensation can be awarded unless the complaint is shown to be frivolous and vexatious, and reliance is placed on the' decision in the case of ram singh v. mathura 14 ind. cas. 599 : 31 a. 351 : 9 a.l.j. 308 : 13 cr. l.j. 247. that case was, however, decided under the old cr.p.c. the alteration since made covers a case where the complaint is shown to have been false and either frivolous or vexatious. the complaint in the present instance has been found to have been false and brought on account of enmity, and section 250 of the cr.p.c......
Judgment:

Kanhaiya Lal, J.

1. The applicant Kashi Prasad brought a complaint against the opposite party which was found to be false and brought on account of enmity. The learned Trying Magistrate ordered the accused to pay Rs. 50 as compensation. The contention here is that no such compensation can be awarded unless the complaint is shown to be frivolous and vexatious, and reliance is placed on the' decision in the case of Ram Singh v. Mathura 14 Ind. Cas. 599 : 31 A. 351 : 9 A.L.J. 308 : 13 Cr. L.J. 247. That case was, however, decided under the old Cr.P.C. The alteration since made covers a case where the complaint is shown to have been false and either frivolous or vexatious. The complaint in the present instance has been found to have been false and brought on account of enmity, and Section 250 of the Cr.P.C. justified the Magistrate in awarding compensation under the circumstances. The application is rejected.


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