Durjodhan Bhat Vs. Emperor

Durjodhan Bhat vs Emperor

Type Court Judgment Court Kolkata Decided Feb 13, 1925

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Citation: sooperkanoon.com/873346
Court: Kolkata
Judge: Newbould and ;B.B. Ghose, JJ.
Decided On: Feb 13, 1925
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Complaint - Proceeding drawn up and forwarded to a Magistrate for disposal--Criminal Procedure Code (Act V of 1808) Section 476. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Durjodhan Bhat

Respondent

Emperor

Legal References

Reported In: AIR1925Cal1226,(1925)ILR52Cal666

Excerpt

complaint - proceeding drawn up and forwarded to a magistrate for disposal--criminal procedure code (act v of 1808) section 476. - newbould and ghose, jj.1. we think that the order of the magistrate, on which this case was based, cannot be regarded as a complaint as required by section 476 of the criminal procedure code, as it has been amended. we, accordingly, make the rule absolute, and quash the proceedings now pending against the petitioner. this will be no bar to proceedings being again instituted against him if the magistrate thinks proper to make a complaint in proper form.

Full Judgment

Newbould and Ghose, JJ.

1. We think that the order of the Magistrate, on which this case was based, cannot be regarded as a complaint as required by Section 476 of the Criminal Procedure Code, as it has been amended. We, accordingly, make the Rule absolute, and quash the proceedings now pending against the petitioner. This will be no bar to proceedings being again instituted against him if the Magistrate thinks proper to make a complaint in proper form.

Same Parties Durjodhan Bhat vs Emperor Same Subject Criminal Same Judge Newbould and ;B.B. Ghose, JJ.

Criminal