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Judgment
7 paragraphs · 167 wordsPandrang Row, J.—This is a reference made by the Additional District Magistrate of Vizagapatam recommending that the issue of process
by the Sub-Divisional Magistrate, Paravatipur, in C.C. No. 152 of 1938 on his file, a case u/s 8 of the Child Marriage Restraint Act (XIX of
1929) may be set aside on the ground that the process was issued without holding an enquiry as required by Section 10 of that Act.
The position is indeed very clear that a preliminary enquiry is absolutely necessary before the Court can take cognisance of an offence under the
Act. Section 10 is very clear on the point and the provisions of it are mandatory. The issue of process implies that cognizance was taken without
any preliminary enquiry being held as required by Section 10. The issue of process is therefore unauthorised by law and must be set aside. It will
now be open to the Joint Magistrate to hold the preliminary enquiry u/s 202 of the Criminal Procedure Code.