AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 160 wordsSpencer, J.—I concur. I only wish to add that I agree with the opinion of Mr. Justice Carnduff in Lakhi Narayan Ghose v. Emperor ILR
(1910) Cal. 221 that the decision in Thakur Pershad Singh v. The Emperor 10 C.W.N. 776 goes beyond the provisions of the Code and is not; a
decision which can be followed without question.
Another case, Jhuna Lal Sahu v. The King-Emperor (1917) Pat L.J. 657, was quoted to us. But, as I understand that case, there was a
complaint in writing, of which the Magistrate might have taken cognizance u/s 190, Sub-section (1)(a), and the learned Judges were of opinion
that, having such a complaint before him, the Magistrate was not justified in taking cognizance of the same u/s 190, Sub-section (1)(c), as if it was
a matter that had come to his knowledge from a source other than a complaint of facts constituting an offence, as ''complaint'' is defined in the
Code.