High CourtsDivision Bench

Rengammal vs Krishnamachari and Others

Madras High Court · Decided on 2 December 1908 · Citation: 2 Ind. Cas. 618(1)

HON’BLE JUDGES
Munro, J · Miller, J
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Judgment

8 paragraphs · 130 words
1.

The Magistrate is required by Section 202 of the Criminal Procedure Code to record reasons before referring a case under that section for

enquiry by the police.

2.

We do not think, however, having considered the statement of the Magistrate sent up u/s 441 and the documents brought to oar notice that this

is a case in which the complainant has suffered in any way owing to this omission.

3.

Section 203 of the Criminal Procedure Code also requires the Magistrate to record reasons for dismissing a complaint and this has not been

done. This is an irregularity but the statement u/s 441, Criminal Procedure Code, supplies the omission and having considered, that statement we

are not prepared to interfere with the order made.

4.

We dismiss the petition.