MATHEW Vs. ALIESHA

JUDGEMENT

(1.) Revision petitioner is the Executive Officer of Chengamanad Panchayat. He filed a complaint against the first respondent alleging offence punishable under S.74 of the Kerala Panchayat Act read with R.26 of the Kerala Panchayat (Taxation and Appeal) Rules, 1963. The learned Magistrate acquitted the accused and held that the complaint was without any bona fides and reasonable grounds. Though proceedings under S.250 of the Code of Criminal Procedure were initiated by the Magistrate who tried the case the order awarding compensation was passed by another Magistrate. Revision petitioner challenges the order on the ground that it was passed by a Magistrate who has no competency to do so.

(2.) Revision Petitioner contends that the Magistrate who heard the case and acquitted the accused alone is competent to order compensation under S.250 of the Cr.P.C., and his successor has no such power. Admittedly the case was tried and the accused was acquitted by the predecessor of the Magistrate who passed the order under S.250.

(3.) S.250 of the Code of Criminal Procedure enacts that the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid. The plain meaning of the section is that the Magistrate who is to order the payment of compensation must be the one who heard the case and discharged or acquitted the accused. Successor of the Magistrate who had tried the criminal case is not competent to grant the compensation. It is also relevant to note that the Section empowers the Magistrate to call upon the person who made the complaint without reasonable ground to show cause forthwith. In Rajaram Manjhi v. Panchanan Ghosh ( 1930 CriLJ 828 ) the Calcutta High Court held as follows: