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Judgment
9 paragraphs · 195 wordsSpencer, J.—It is argued that the Presidency Magistrate had no power to dismiss a complaint u/s 203, Criminal Procedure Code, without
examining the complainant. It was held in Queen-Empress v. Murphy ILR (1887) All. 666 that a verification on oath of a complaint; before a Magi
strata, was a sufficient compliance with the provisions of Section 203, and this has bean followed in Criminal Revision Case No. 398 of 1908 on
the file of this Court with special reference to the procedure provided for Presidency Magistrates u/s 200 (b). In the present ease the petitioner''s
vakil was present when the Magistrate passed orders u/s 203 Criminal Procedure Code, 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, Criminal
Procedure Code, The petition is dismissed.