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Judgment
8 paragraphs · 185 wordsSpencer, J.—It is argued that the Presidency Magistrate had no power to dismiss a complaint u/s 203, Cr. P.C., without examining the
complainant. It was held in Queen-Empress v. Murphy1 that a verification on oath of a complaint before a Magistrate was a sufficient compliance
with the provisions of Section 203 and this has been followed in Cr. Rev. C. 308 of 1908 on the file of this court with special reference to the
procedure provided for Presidency Magistrates u/s 200(a). In the present case the petitioner''s vakil was present when the Magistrate passed
orders u/s 203, Cr. P.C., dismissing the complaint and in the absence of any affidavit saying that he was precluded from showing cause against
accepting the result of the police enquiry, I am not prepared to find that the complainant was in any way prejudiced by the Magistrate''s procedure
assuming that the law required him to make a more detailed examination. At the most the omission to examine in this case amounts to no more than
an irregularity of the description covered by Section 537, Cr. P.C. The petition is dismissed.