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Jafar Ali and ors. Vs. James Finlay and Co. - Court Judgment

LegalCrystal Citation
Decided On
Reported inAIR1933Cal647
AppellantJafar Ali and ors.
RespondentJames Finlay and Co.
- .....pass such orders as he may be.....

1. We are of opinion that the order of the Magistrate must be set aside. The complaint was not under any provisions of the Penal Code or of the Criminal Procedure Code. The complaint, such as it was, assuming that the word 'complaint' can rightfully be applied to the application made by the petitioners before the Magistrate, was under the provisions of the Merchant Shipping Act of 1923. It had to be inquired into in accordance with the provisions of that Act and it cannot be dismissed in the way in which it has been done under the provisions of Section 203, Criminal P.C. That section is not attracted at all to the application or the disposal thereof. In that view of the matter the case will go back in order that the Magistrate may inquire into the matter himself under the provisions of the Merchant Shipping Act and pass such orders as he may be advised.

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