Skip to content


Rengammal Vs. Krishnamachari and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in2Ind.Cas.618a
AppellantRengammal
RespondentKrishnamachari and ors.
Excerpt:
criminal procedure code (act v of 1898), sections 202, 203, 441 - failure to record reasons for action taken under sections 202, 203--prejudice to accused--irregularity. - order1. the magistrate is required by section 202 of the criminal procedure code to record reasons before referring a case under that section for enquiry by the police.2. we do not think, however, having considered the statement of the magistrate sent up under section 441 and the documents brought to oar notice that this is a case in which the complainant has suffered in any way owing to this omission.3. section 203 of the criminal procedure code also requires the magistrate to record reasons for dismissing a complaint and this has not been done. this is an irregularity but the statement under section 441, criminal procedure code, supplies the omission and having considered, that statement we are not prepared to interfere with the order made.4. we dismiss the petition.
Judgment:
ORDER

1. The Magistrate is required by Section 202 of the Criminal Procedure Code to record reasons before referring a case under that section for enquiry by the police.

2. We do not think, however, having considered the statement of the Magistrate sent up under Section 441 and the documents brought to oar notice that this is a case in which the complainant has suffered in any way owing to this omission.

3. Section 203 of the Criminal Procedure Code also requires the Magistrate to record reasons for dismissing a complaint and this has not been done. This is an irregularity but the statement under Section 441, Criminal Procedure Code, supplies the omission and having considered, that statement we are not prepared to interfere with the order made.

4. We dismiss the petition.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //