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Sajjad HossaIn Vs. Askari Mirza - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata High Court
Decided On
Case NumberCriminal Revn. No. 633 of 1952
Judge
Reported inAIR1953Cal791,57CWN682
ActsCode of Criminal Procedure (CrPC) , 1898 - Section 198
AppellantSajjad Hossain
RespondentAskari Mirza
Appellant AdvocateS.S. Mukherji, Adv.
Respondent AdvocateG.D. Bhattachariya, Adv.
Excerpt:
- orderk.c. chunder, j. 1. this rule was issued at the instance of an accused person for quashing of proceedings. under section 198, criminal p. c., it is necessary that a case under section 500, penal code must be instituted by a petition of complaint by the person defamed himself. the complaint must be in accordance with the definition of a complaint, given in the code of criminal procedure. in the present case, all that was asked for by the person who petitioned the magistrate was for an order upon the accused summoned to show cause why proceedings should not be taken against him. there was no complaint as required and therefore the present proceedings must be quashed leaving it open to the complainant, if so advised, to file a proper complaint.2. the rule is therefore made absolute.the.....
Judgment:
ORDER

K.C. Chunder, J.

1. This Rule was issued at the instance of an accused person for quashing of proceedings. Under Section 198, Criminal P. C., it is necessary that a case under Section 500, Penal Code must be instituted by a petition of complaint by the person defamed himself. The complaint must be in accordance with the definition of a complaint, given in the Code of Criminal Procedure. In the present case, all that was asked for by the person who petitioned the Magistrate was for an order upon the accused summoned to show cause why proceedings should not be taken against him. There was no complaint as required and therefore the present proceedings must be quashed leaving it open to the complainant, if so advised, to file a proper complaint.

2. The Rule is therefore made absolute.The accused is discharged from his bail bond.


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