Bansidhar Pande vs Chunni Lal

Dalal, J.—This is a reference made by the learned Additional Sessions Judge of Gorakhpur, with a request that the order of compensation passed by a Magistrate u/s 250, Criminal P.C. may be set aside. The charge against Chunni Lal brought by complainant Bansidhar, was one raider Section 218, I.P. C, an offence exclusively triable by a Court of Sessions. u/s 250, Criminal P. C, a Magistrate has jurisdiction to direct a complainant to pay compensation only in such cases as are triable by a Magistrate. As the present case was not triable by a Magistrate, the discharge of the accused and the Magistrate''s refusal to commit him to the Sessions did not invest the Magistrate with the power of imposing a fine on the complainant u/s 250, Criminal P. C: see Het Ram v. Ganga Sahai [1918] 40 All. 615.

The Magistrate''s order of fine against Bansidhar dated 2nd February 1927, is therefore, set aside, and it is directed that the fine, if any recovered, shall be refunded.