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Umer Ali vs Safer Ali and Another

Calcutta High Court · Decided on 19 August 1886 · Citation: (1886) ILR (Cal) 334

HON’BLE JUDGES
Prinsep, J · Ghose, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 191
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Judgment

1 paragraphs · 150 words

Prinsep and Ghose, JJ.—The Joint Magistrate has taken an erroneous view of the law regarding proceedings to be taken on receipt of a complaint made u/s 191 of the, Code of Criminal Procedure. He is not competent to refuse to take cognizance of an offence on receipt of a complaint of facts constituting an offence, but he is rather bound to examine the complainant. He can then proceed to issue summons on the accused or to order an enquiry u/s 202, or to dismiss the complaint u/s 203. The use of the term "may take cognizance of any offence" does not make it optional with a Magistrate to hear the complainant. It refers rather to the action of a Magistrate in taking cognizance of an offence, in either of these specified courses in which the facts, constituting an offence, may be brought to his notice. The case must be tried.