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In Re: Arumuga Mudaliar and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1923Mad59; (1922)43MLJ564
AppellantIn Re: Arumuga Mudaliar and anr.
Excerpt:
- .....right in rejecting the case sought to be made under section 498 of the indian penal code.2. the district magistrate also suggests that on further enquiry an. offence under section 366 of the indian penal code may be made out. but no such charge was brought forward and there is no evidence on record to show that an offence under that section was committed. further enquiry cannot be ordered on the bare possibility of an offence being disclosed on further evidence being taken. there must be something on record to indicate that such an offence was committed or there must be something to show that further evidence is available, which has not been taken and which would support a charge for that offence. in this case neither position is made out.3. the order of the district magistrate is set.....
Judgment:
ORDER

Krishnan, J.

1. The order of the District Magistrate cannot be supported. His view that a 'complaint' to the Police is sufficient under Section 199 of the Code of Criminal Procedure is erroneous. He has evidently overlooked the definition of the word 'complaint' in Section 4 Clause (b). It must be made to a Magistrate. There being no such complaint in this case the 1st Magistrate was right in rejecting the case sought to be made under Section 498 of the Indian Penal Code.

2. The District Magistrate also suggests that on further enquiry an. offence under Section 366 of the Indian Penal Code may be made out. But no such charge was brought forward and there is no evidence on record to show that an offence under that section was committed. Further enquiry cannot be ordered on the bare possibility of an offence being disclosed on further evidence being taken. There must be something on record to indicate that such an offence was committed or there must be something to show that further evidence is available, which has not been taken and which would support a charge for that offence. In this case neither position is made out.

3. The order of the District Magistrate is set aside.


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