1940 Supreme(Mad) 307

IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
K.G. Monappa
Versus
A. Venkataswami Naidu and Ors.
Decided On : 06.09.1940

The court emphasized the need for the complaint to be enquired into afresh in accordance with law, setting aside the unsustainable order of the Additional District Magistrate.

Headnote:

Section 500 - Penal Code - Court sets aside the order of the Additional District Magistrate and directs the complaint to be enquired into afresh by the District Magistrate or such other Magistrate as he may direct in accordance with law

Fact of the Case:

The complaint was under Section 500, Penal Code, and the order of the Additional District Magistrate taking it on file under Section 182, Penal Code, is unsustainable.

Finding of the Court:

The court found the order of the Additional District Magistrate to be unsustainable and set it aside, directing the complaint to be enquired into afresh by the District Magistrate or such other Magistrate as he may direct in accordance with law.

Issues: The issue was the sustainability of the order of the Additional District Magistrate taking the complaint on file under Section 182, Penal Code.

Ratio Decidendi: The court's decision was influenced by the unsustainable nature of the order of the Additional District Magistrate and the need for the complaint to be enquired into afresh in accordance with law.

Final Decision: The court set aside the order of the Additional District Magistrate and directed the complaint to be enquired into afresh by the District Magistrate or such other Magistrate as he may direct in accordance with law.