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Bidhu Chandalini Vs. Mati Sheikh Mondal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1901)ILR28Cal102
AppellantBidhu Chandalini
RespondentMati Sheikh Mondal
Excerpt:
complaint - dismisal of complaint by district magistrate--absence of complaint--revival of and further inquiry into case by same magistrate--review--code of criminal procedure (act v of 1898), sections 259, 369, 437 and 438. - prinsep, j.1. the terms of section 369 of the code of criminal procedure, on which the sessions judge relies in making this reference, must be read as controlled by section 437. section 437 does not limit the power of a district magistrate to make, or order a subordinate magistrate to make, further inquiry into a case in which an order of dismissal or discharge may have been passed by a subordinate magistrate. there is no bar to a district magistrate making further inquiry himself into a case in which such order may have been passed by himself.2. we, therefore, see no sufficient reason to interfere as a court of revision.
Judgment:

Prinsep, J.

1. The terms of Section 369 of the Code of Criminal Procedure, on which the Sessions Judge relies in making this reference, must be read as controlled by Section 437. Section 437 does not limit the power of a District Magistrate to make, or order a Subordinate Magistrate to make, further inquiry into a case in which an order of dismissal or discharge may have been passed by a Subordinate Magistrate. There is no bar to a District Magistrate making further inquiry himself into a case in which such order may have been passed by himself.

2. We, therefore, see no sufficient reason to interfere as a Court of Revision.


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