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Kina Karmakar Vs. Preo Nath Dutt - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1902)ILR29Cal479
AppellantKina Karmakar
RespondentPreo Nath Dutt
Excerpt:
complaints - dismissal of complaint as false, vexatious and malicious--false charge with intent to injure--prosecution--compensation--criminal procedure code (act v of 1898) section 250--penal code (act xl v of 1860) section 211. - .....ho has passed an order under section 250 of the code of criminal procedure, giving compensation to the accused. in his judgment the magistrate clearly indicates that in- his opinion from the previous relations between the principals of the parties concerned, the complaint made was both false and malicious and made with some deliberation. it seems to us therefore that this was essentially a case coming within s. 211 of the penal code, inasmuch as the magistrate has found that the complainant, with intent to cause injury to the accused, instituted criminal proceedings against him, knowing that there was no just and lawful ground for such proceeding or charge. we are, therefore, of opinion that, in passing the order for compensation, the magistrate did not exercise a proper discretion. we.....
Judgment:

Prinsep and Stephen, JJ.

1. In this case the Magistrate has dismissed the complaint; and finding it to be false and vexatious ho has passed an order under Section 250 of the Code of Criminal Procedure, giving compensation to the accused. In his judgment the Magistrate clearly indicates that in- his opinion from the previous relations between the principals of the parties concerned, the complaint made was both false and malicious and made with some deliberation. It seems to us therefore that this was essentially a case coming within s. 211 of the Penal Code, inasmuch as the Magistrate has found that the complainant, with intent to cause injury to the accused, instituted criminal proceedings against him, knowing that there was no just and lawful ground for such proceeding or charge. We are, therefore, of opinion that, in passing the order for compensation, the Magistrate did not exercise a proper discretion. We accordingly set aside that order. The Magistrate is at liberty, if he is so advised, to institute proceedings under Section 211 of the Penal Code. The money, if paid, will be refunded.


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