VNAIDU Vs. KJANARDHANA HOLLA

JUDGEMENT

(1.) This revision petition is directed against the order of the learned District Magistrate, Bangalore in C. C. No. 36/57. The respondent here-in filed a complaint against the petitioner accusing him of having committed offences under Sections 448 and 454, I.P.C. The offence is said to have been committed or, 4-10-1957. The complaint was filed on 25-11-1957. The learned Magistrate after examining the complainant on oath, dismissed the complaint mainly on the ground that the complaint did not represent a genuine grievance. According to that Court the complainant was agitating a civil right in a criminal Court. It emphasised the question of delay.

(2.) The complainant went up in revision to the learned District Magistrate, Bangalore. The learned District Magistrate on interpreting Section 203, Cr. P. C. came to the conclusion that no Magistrate could dismiss a complaint unless he had examined the complainant and all the witnesses cited by him. In the instant case, the complainant had cited as many as six witnesses and they had not been examined by the learned Magistrate before ho refused to take cognizance of the complaint. It was mainly on this view of the law that the learned District Magistrate was pleased to allow the revision petition. His interpretation of Section 203, Cr. P. C. is challenged before me. I am of the opinion that the learned District Magistrate had put an erroneous interpretation on the said section. In order to appreciate the scope of Section 203, Cr. P. C. as amended by Act XXVI of 1955, it is necessary to place before ourselves tho relevant sections as they stood prior to the amendment in question. The relevant sections are Sections 200 to 203, Cr. P. C. But for the purpose of this case, it will be sufficient if we take note of Sections 200 and 203, Cr. P. C. Section 200 prior to tho amendment in question refers to a Magistrate taking cognizance of an offence on a complaint after examining tho complainant on oath. There was no question of examining any witness cited by the complainant or present in Court. The unamended Section 203 is as follows :

(3.) Both Sections 200 and 203, Cv. P. C. have been amended by tho Act XXVI of 1955. The present Section 200, Cr. P. C. is as follows :