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1925 Supreme(All) 141

SULAIMAN
Qazi Fariduddin – Appellant
Versus
Emperor – Respondent


JUDGMENT

Sulaiman, J. - This is an application in revision from an order directing the complainant to pay compensation of Rs. 100 each to three accused and Rs. 20 to the fourth accused.

2. The applicant filed a complaint u/s 380 of the Indian Penal Code in the Court of a first Class Magistrate. The Magistrate did not treat this application as a mere information u/s 190(c) and did not proceed as required by Section 191. He treated it as a complaint and sent this complaint to the police for enquiry u/s 202. "When the police investigated the case, they came to the conclusion that the case was true, but they did not merely send up a report in favour of the complainant, but dealt with the case under Sections 454 and 411 and added one more accused, Mahomedan Idris, in the list. The prosecution evidence was tendered and several witnesses were examined. It appears that the Magistrate allowed the present applicant to engage a vakil to look after the case and he also made him take part in the conduct of the proceedings and in fast allowed him to file several applications from time to time. In the course of his order ultimately discharging the accused persons the Magistrate has treated the appl

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