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Musammat Basanti Vs. Maqsud Ali Khan and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1924All528; 83Ind.Cas.730
AppellantMusammat Basanti
RespondentMaqsud Ali Khan and ors.
Excerpt:
u.p. municipalities act (ii of 1916), section 247, offence under - absence of complainant--dismissal of complaint--criminal procedure code (act v of 1898), sections 4(h), 247. - stuart, j.1. there is no force in this application. under section 247 of local act ii of 1916 it is the magistrate who takes cognizance of the offence upon information received. so the case is not one instituted upon a complaint within the meaning of the word 'complaint ' in section 4(h) of the code of criminal procedure. thus section 247 of the code of criminal procedure has no application, i direct that proceedings continue and return the papers.
Judgment:

Stuart, J.

1. There is no force in this application. Under Section 247 of Local Act II of 1916 it is the Magistrate who takes cognizance of the offence upon information received. So the case is not one instituted upon a complaint within the meaning of the word 'complaint ' in Section 4(h) of the Code of Criminal Procedure. Thus Section 247 of the Code of Criminal Procedure has no application, I direct that proceedings continue and return the papers.


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