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1976 Supreme(SC) 259

P.N.BHAGWATI, S.MURTAZA FAZAL ALI
Bindeshwari Prasad Singh – Appellant
Versus
Kali Singh – Respondent


Advocates:
A.K.NAG, A.K.SEN GUPTA, D.GOVERDHAN CHARY

Judgment

FAZAL ALI, J. - This appeal by special leave exhibits the careless and cavalier manner in which the Sub-Divisional Magistrate appears to have dealt with the complaint filed before him as far back as 21st February, 1966. The complaint itself contains allegations of a very petty nature, of which hardly any cognizance could have been taken and which would be a trivial act under Section 95 of Indian Penal Code for which no criminal proceedings could be taken. There were proceedings under S. 107 between the parties and both parties applied for copies of these proceedings on the 20th December, 1965. It is alleged in the complaint that the appellant got the copy which was meant for the complainant, by signing his name. The complainant also got his copy a few days after eventually. Such a small matter could have been resolved by the Magistrate himself if he had perused the complaint carefully and was certainly not a matter for which a detailed inquiry under S. 202. Code of Criminal Procedure, 1898 was called for. It appears, however, that the Magistrate tossed the complaint from one Magistrate to another for inquiry and report, without conclusive results, starting from 21st Februar





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