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Mannu Khan Vs. Chandi Prasad and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1922All321; 67Ind.Cas.826
AppellantMannu Khan
RespondentChandi Prasad and ors.
Cases ReferredEmpress v. Lakhpat
Excerpt:
criminal procedure code (act v of 1898), section 250, whether applicable to enquiry under section 107. - .....before the magistrate in consequence of which action was taken under section 107 of the criminal procedure code against a number of persons. after enquiry, the magistrate discharged these persons under section 119 of the criminal procedure code and held that the complaint made against them was vexatious and frivolous, and ordered the complainant to pay them each rs. 15 as compensation under section 250 of the criminal procedure code. on revision before the learned district magistrate he has referred the case to this court with a recommendation that the order under section 250 be sat aside. section 250 is only applicable in a case instituted by complaint or on information given to a police officer or to a magistrate whereupon a person is accused before a magistrate of 'an.....
Judgment:

Ryves, J.

1. Mannu Khan laid information before the Magistrate in consequence of which action was taken under Section 107 of the Criminal Procedure Code against a number of persons. After enquiry, the Magistrate discharged these persons under Section 119 of the Criminal Procedure Code and held that the complaint made against them was vexatious and frivolous, and ordered the complainant to pay them each Rs. 15 as compensation under Section 250 of the Criminal Procedure Code. On revision before the learned District Magistrate he has referred the case to this Court with a recommendation that the order under Section 250 be sat aside. Section 250 is only applicable in a case instituted by complaint or on information given to a Police Officer or to a Magistrate whereupon a person is accused before a Magistrate of 'an offence.' It has been held by this Court in Ram Sukh Rai v. Mahudeo Rai 7 Ind. Cas. 290 : 7A.L.J. 743 : 11 Cr. L.J. 446 that Section 250 does not apply to an enquiry under Section 107 of the Criminal Procedure Code. That ruling followed an earlier ruling of this Court which laid down the came principle, viz., Queen-Empress v. Lakhpat 15 A. 385; A.W.N. (1893) 114 : 7 Ind. Dec. (N.S.) 952. It seems to me that those cases are in point. I accordingly accept the reference and direct that if the fines ordered to be paid under Section 250 have been paid they be refunded, otherwise the order for payment is set aside.


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