S C JAYARAMAN Vs. E V RAMASWAMI NAICKER

JUDGEMENT

(1.) S. 203 of the Code of Criminal Procedure provides that where the Magistrate dismisses a complaint, because in his judgment there is no sufficient ground for proceeding with the same, he shall record his reasons for doing so. The District Magistrate in this case has conducted the enquiry under Section 202 of the Code. He has dismissed the complaint as against the first Respondent without giving any reasons. Clearly this is wrong. Giving of reasons is a prerequisite for making an order of dismissal of a complaint. The complainant is entitled to know why his complaint has been dismissed with a view to consider an approach to the revisional court. Being kept in ignorance of the reasons, clearly prejudices his right to move the revisional court Vide Chandra Deo v. Prakash Chandra, 1963 AIR(SC) 1430. For all these reasons, the order of the District Magistrate dismissing the complaint as against the first Respondent is set aside. He shall go into the matter and deal with it in accordance with law. The revision is allowed.