Mumbai Court July 1909 Judgments

Mustaffa Rahim Vs. Motilal Chunilal and ors.

Court: Mumbai

Reported in: 2Ind.Cas.825

Batchelor, J.1. This is an application in revision and the object of it is to set aside an order of discharge passed by the District Magistrate at Broach in a complaint instituted by the petitioner against Rao Bahadur Motilal Chunilal, President of the Broach Municipality and two others, charging them, first with an abetment of committing mischief under Sections 426 and 114 of the Indian Penal. Code and secondly, under Section 297 with trespass in a place of sepulture with intent to wound the feelings or insult the religion of the petitioner and other Mussalmans or with the knowledge that that was likely to be the effect of the trespass.2. The learned Magistrate having examined all the witnesses offered on behalf of the petitioner came to the conclusion that there were no grounds for framing a charge against the persons accused and, therefore, discharged them under Section 253 of the Criminal Procedure Code. The question is 4 whether that order ought now to be disturbed, and, in my jud...