Back
IN THE HIGH COURT OF MADRAS
Horwill, J.
District Magistrate of Cuddapah
Versus
Syed Abdul Kareem
Decided On : 18.08.1942
Delegation of Complaint - Jurisdiction - The court addressed the issue of delegation of the right to file a complaint and the proper jurisdiction for filing a complaint, ultimately setting aside the proceedings of the Sub-Magistrate and ordering the complaint to be returned to the complainant.
Fact of the Case:
The accused made a false allegation against a Taluk Office Clerk, prompting the Collector to order the Revenue Divisional Officer to file a complaint. Two objections were raised during the trial regarding the authority to file the complaint and the jurisdiction for filing the complaint.
Finding of the Court:
The court found that the Collector should have filed the complaint himself and that the complaint should have been made to the Sub-Magistrate having jurisdiction at the place where the Collector received the letter. The Sub-Magistrate's forwarding of the papers to the Sub-Divisional Magistrate was deemed improper.
Issues: Delegation of complaint filing authority, proper jurisdiction for filing a complaint
Ratio Decidendi: The court held that the Collector should have filed the complaint himself and that the complaint should have been made to the Sub-Magistrate having jurisdiction at the place where the Collector received the letter. The Sub-Magistrate's forwarding of the papers to the Sub-Divisional Magistrate was not the proper way to dispose of the matter.
Final Decision: The court accepted the reference, set aside the proceedings of the Sub-Magistrate, and ordered the complaint to be returned to the complainant.
Horwill, J.
1. The accused is said to have made a false allegation against a certain Taluk Office Clerk that he demanded a bribe. The Collector, who was the superior officer of the clerk concerned, thought that the accused should be prosecuted and ordered the Revenue Divisional Officer to file a complaint. Two objections were raised during the trial. One was that the Collector should have filed the complaint himself and that he had no power to delegate that right to the Revenue Divisional Officer. The second ground was that the complaint should have been made to the Sub-Magistrate having jurisdiction at the place where the Collector received the letter. Both these contentions are correct, but the Sub-Magistrate, instead of returning the complaint for presentation to the Magistrate having jurisdiction, forwarded the papers to his immediate superior, the Sub-Divisional Magistrate, Jammalmadugu, under Section 346 (1), Criminal P.C. This was not the proper way to dispose of the matter, and so the District Magistrate referred the matter to this Court. The reference is accepted and the proceedings of the Sub-Magistrate set aside. He must return the complaint to the complainant.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
