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Judgment
8 paragraphs · 175 wordsSomasundaram, J.—S. 203 of the Code of Criminal Procedure provides that where the Magistrate dismisses a complaint, because in his
judgment there is no sufficient ground for proceeding with the same, he shall record his reasons for doing so. The District Magistrate in this case
has conducted the enquiry u/s 202 of the Code. He has dismissed the complaint as against the first Respondent without giving any reasons. Clearly
this is wrong. Giving of reasons is a prerequisite for making an order of dismissal of a complaint. The complainant is entitled to know why his
complaint has been dismissed with a view to consider an approach to the revisional court. Being kept in ignorance of the reasons, clearly
prejudices his right to move the revisional court Vide Chandra Deo Singh Vs. Prokash Chandra Bose and Another, For all these reasons, the
order of the District Magistrate dismissing the complaint as against the first Respondent is set aside. He shall go into the matter and deal with it in
accordance with law. The revision is allowed.