Skip to content


iman Mondal Vs. Queen-empress - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1900)ILR27Cal662
Appellantiman Mondal
RespondentQueen-empress
Excerpt:
proceedings for taking security for good behaviour - discharge of person called upon--further inquiry, power to order, in such proceedings--code of criminal procedure (act v of 1898), sections 110 and 437. - .....by any law for the time being in force; so that proceedings under section 110 of the code of criminal procedure cannot be regarded as on a complaint. nor can they be regarded as a case in which any accused person has been discharged, for the terms 'accused person' and 'discharge' in section 437 clearly refer to a person accused of an offence who has been discharged from a charge of that offence within the terms of chapter xix of the code of criminal procedure. the order must therefore be set aside. if it be considered by the magistrate that it is necessary to institute further proceedings, he is competent to do so under the law on fresh information received.
Judgment:

Prinsep, J.

1. The order for further inquiry in this case purports to have been made under Section 437 of the Code of Criminal Procedure, and it relates to proceedings taken under Section 110, requiring the petitioner to give security for good behaviour. Section 437, which is the only Jaw authorizing a Magistrate to reopen proceedings in which a person has been discharged or 'released,' does not relate to a case of this description. The further inquiry which can be ordered under Section 437 is into a complaint which has been dismissed or into the case of any accused person who has been discharged. A reference to the definition of complaint will show that it relates only to the commission of an offence, and an offence means any act or omission made punishable by any law for the time being in force; so that proceedings under Section 110 of the Code of Criminal Procedure cannot be regarded as on a complaint. Nor can they be regarded as a case in which any accused person has been discharged, for the terms 'accused person' and 'discharge' in Section 437 clearly refer to a person accused of an offence who has been discharged from a charge of that offence within the terms of Chapter XIX of the Code of Criminal Procedure. The order must therefore be set aside. If it be considered by the Magistrate that it is necessary to institute further proceedings, he is competent to do so under the law on fresh information received.


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