Madhya Pradesh Court June 1961 Judgments

Kalicharan Dixit Vs. Gurdayal and anr.

Court: Madhya Pradesh

Reported in: 1962CriLJ345

ORDERA.H. Khan, J.1. This is a reference by the Sessions Judge, Bhind, and it arises Out of the following facts :One, Kishanchand Shastri filed a complaint against a Police officer and a Head-constable for wrongful confinement imder Section 342 of the Indian Penal Code. On the 16th January 1961, the complainant did not appear. The accused were present and they submitted an application to the Court that according to Section 247 of the Criminal Procedure Code, the complaint must be dismissed and the accused he acquitted. The Magistrate dismissed the application and adjourned the hearing of the case to some other date. In passing the order of adjournment, the learned trial Court said that the offence was a cognizable offence. The trial Court also issued a bailable warrant for the appearance of the complainant. Against this order, both the accused went in revision before the Sessions Judge, Bhind. The learned Sessions Judge. is of the opinion that the trial Court should have dismissed the ...