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In Re: Darapureddi Jaggu Naidu and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1939Mad530; (1939)1MLJ900
AppellantIn Re: Darapureddi Jaggu Naidu and ors.
Excerpt:
- .....is a reference made by the additional district magistrate of vizagapatam recommending that the issue of process by the sub-divisional magistrate, paravatipur, in c.c. no. 152 of 1938 on his file, a case under section 8 of the child marriage restraint act (xix of 1929) may be set aside on the ground that the process was issued without holding an enquiry as required by section 10 of that act.2. the position is indeed very clear that a preliminary enquiry is absolutely necessary before the court can take cognisance of an offence under the act. section 10 is very clear on the point and the provisions of it are mandatory. the issue of process implies that cognizance was taken without any preliminary enquiry being held as required by section 10. the issue of process is therefore.....
Judgment:
ORDER

Pandrang Row, J.

1. This is a reference made by the Additional District Magistrate of Vizagapatam recommending that the issue of process by the Sub-Divisional Magistrate, Paravatipur, in C.C. No. 152 of 1938 on his file, a case under Section 8 of the Child Marriage Restraint Act (XIX of 1929) may be set aside on the ground that the process was issued without holding an enquiry as required by Section 10 of that Act.

2. The position is indeed very clear that a preliminary enquiry is absolutely necessary before the Court can take cognisance of an offence under the Act. Section 10 is very clear on the point and the provisions of it are mandatory. The issue of process implies that cognizance was taken without any preliminary enquiry being held as required by Section 10. The issue of process is therefore unauthorised by law and must be set aside. It will now be open to the Joint Magistrate to hold the preliminary enquiry under Section 202 of the Criminal Procedure Code.


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