Umer Ali v. Safer Ali And Ors

Umer Ali v. Safer Ali And Ors

(High Court Of Judicature At Calcutta)

| 19-08-1886

Authored By : Henry Thoby Princep, S.C. Ghose

Henry Thoby Princep and S.C. Ghose, JJ.

1. The Joint Magistrate has taken an erroneous view of thelaw regarding proceedings to be taken on receipt of a complaint made under Section191 of the, Code of Criminal Procedure. He is not competent to refuse to takecognizance of an offence on receipt of a complaint of facts constituting anoffence, but he is rather bound to examine the complainant. He can then proceedto issue summons on the accused or to order an enquiry under Section 202, or todismiss the complaint under Section 203. The use of the term "may takecognizance of any offence" does not make it optional with a Magistrate tohear the complainant. It refers rather to the action of a Magistrate in takingcognizance of an offence, in either of these specified courses in which thefacts, constituting an offence, may be brought to his notice. The case must betried.

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Umer Ali vs. Safer Ali and Ors. (19.08.1886 - CALHC)



Advocate List
Bench
  • Henry Thoby Princep
  • S.C. Ghose, JJ.
Eq Citations
  • (1886) ILR 13 CAL 334
  • LQ/CalHC/1886/134
Head Note