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In Re: Arulanandham Pillai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1912)22MLJ138
AppellantIn Re: Arulanandham Pillai
Cases ReferredTinnevelly Division v. Sivan Chetti I.L.R.
Excerpt:
- .....compensation to the accused whom he acquitted on a charge of theft. the complainant gave to the village magistrate a report of the theft and the village magistrate made a report to the police. the second class magistrate took no cognizance of the offence on the report of the police. the sub-divisional magistrate set aside the order awarding compensation on the ground that the case was not instituted by 'complaint' as defined in the criminal procedure code or upon information given to a police officer or to a magistrate, the village magistrate not being a magistrate within the meaning of section 250 of the criminal procedure code (see section 1). in this view the sub-divisional magistrate was, in our opinion, right. the only person to whom the complainant gave information was the.....
Judgment:
ORDER

1. In this case the Second Class Magistrate awarded compensation to the accused whom he acquitted on a charge of theft. The complainant gave to the Village Magistrate a report of the theft and the Village Magistrate made a report to the police. The Second Class Magistrate took no cognizance of the offence on the report of the police. The Sub-Divisional Magistrate set aside the order awarding compensation on the ground that the case was not instituted by 'complaint' as defined in the Criminal Procedure Code or upon information given to a police officer or to a Magistrate, the Village Magistrate not being a Magistrate within the meaning of Section 250 of the Criminal Procedure Code (See Section 1). In this view the Sub-Divisional Magistrate was, in our opinion, right. The only person to whom the complainant gave information was the Village Magistrate. He cannot be regarded as having given information to a police officer, although the Village Magistrate was bound to report the occurrence to the police. King-Emperor v. Thammana Reddi I.L.R. (1901) M. 667 is exactly in point. Its authority is in no way affected by the case of the Sessions Judge of the Tinnevelly Division v. Sivan Chetti I.L.R. (1909) M. 258. That case decided only that when information is given to a Village Magistrate it might in certain cases amount to an institution of criminal proceedings or a charge of an offence.

2. That has no bearing on the question whether information given to a Village Magistrate can be regarded as information given to the police to whom he was bound to report. We are of opinion, therefore, that there is no ground for interference.

3. The record will be returned to the Sessions Judge.


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