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Durjodhan Bhat Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported inAIR1925Cal1226,(1925)ILR52Cal666
AppellantDurjodhan Bhat
RespondentEmperor
Excerpt:
complaint - proceeding drawn up and forwarded to a magistrate for disposal--criminal procedure code (act v of 1808) section 476. - newbould and ghose, jj.1. we think that the order of the magistrate, on which this case was based, cannot be regarded as a complaint as required by section 476 of the criminal procedure code, as it has been amended. we, accordingly, make the rule absolute, and quash the proceedings now pending against the petitioner. this will be no bar to proceedings being again instituted against him if the magistrate thinks proper to make a complaint in proper form.
Judgment:

Newbould and Ghose, JJ.

1. We think that the order of the Magistrate, on which this case was based, cannot be regarded as a complaint as required by Section 476 of the Criminal Procedure Code, as it has been amended. We, accordingly, make the Rule absolute, and quash the proceedings now pending against the petitioner. This will be no bar to proceedings being again instituted against him if the Magistrate thinks proper to make a complaint in proper form.


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