Subans Singh vs Mohabir Proshad Singh and others

This is a Reference made by the Sessions Judge of Patna recommending that an order under sec. 250, Cr. P. C., passed by the Sub-Divisional Magistrate of Barh should be set aside on the ground that the Complainant was not given an opportunity of showing cause against the said order. It appears that the Complainant instituted a case against 24 accused. The case was tried before the Sub-Divisional Magistrate of Barh and resulted in the acquittal of the accused. Thereupon the Magistrate made the following order as appears from the order sheet : "Judgment delivered. Accused acquitted. Enter false, secs. 147 and 379, I. P. C. Complainant to pay Rs. 50 compensation to each of the accused under sec. 250, Cr. P. C., and show cause why he should not pay. Subans Singh is absent. His brother verbally shows cause which is insufficient. Order made absolute." On this we think that the Complainant was in fact given no opportunity of showing cause, and we therefore set aside the order as recommended by the Sessions Judge of Patna.

We do not consider it necessary, as prayed for by the other side, to send the case back in order that the Complainant may be now given an opportunity to show cause.