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1910 Supreme(Cal) 164
CALCUTTA HIGH COURT
Chitty, J., Carnduff, J.
Haru Tanti - Appellant
Versus
Satish Roy - Respondent
Decided On : 08-12-1910
Subject
Criminal Law - Criminal Procedure
Act Referred
Headnote
Criminal Procedure - Section 250 - Compensation for Frivolous Complaint
Fact of the Case:
The case involves the discharge of two accused persons and the subsequent order by the Sub-divisional Magistrate calling on their accuser to show cause why he should not pay them compensation.
Finding of the Court:
The court set aside the order awarding compensation, as it was made without jurisdiction. The court held that Section 250 of the Criminal Procedure Code requires the Magistrate to hear the complainant on the aspect of the complaint being frivolous and vexatious before making an order for compensation, which was not done in this case.
Issues: Whether the order awarding compensation was made in accordance with the requirements of Section 250 of the Criminal Procedure Code.
Ratio Decidendi: Section 250 of the Criminal Procedure Code expressly requires the Magistrate to hear the complainant on the aspect of the complaint being frivolous and vexatious before making an order for compensation.
Final Decision: The order awarding compensation is set aside as it was made without jurisdiction.
JUDGMENT
Chitty and Carnduff, JJ. - For the reason given by the learned Sessions Judge, and following the decision of Banerji J., in In the matter of the complaint of Safdar Husain ILR (1903) All. 315, Ave set aside, as having been made without jurisdiction, the order awarding compensation in this case.
2. The course taken by the Sub-divisional Magistrate in including in his order for the discharge of the two accused an order calling on their accuser to show cause why he should not pay them compensation, and subsequently, after hearing the accuser, making the award, may seem to be perfectly fair and reasonable; but it does not fulfil the requirements of Section 250 of the Criminal Procedure Code. What that section evidently contemplates, and if carefully read will be found expressly to require, is that, before a Magistrate makes it the ground or a ground for discharging a person complained against that the complaint was frivolous and vexatious, he shall hear the complainant on that aspect of the case, and, unless he does this, the whole proceeding as to compensation is bad.
