P.N.S. AIYAR Vs. K.J. NATHAN

JUDGEMENT

(1.) THE complainant in C.C. No. 1292 of 1947 on the file of the Court of the Chief Presidency Magistrate is the petitioner in this criminal revision case, which is to revise the order of the learned Magistrate dated 9th June, 1947, dismissing the complaint under Section 203, Criminal Procedure Code, on the ground that there were no sufficient reasons to proceed with it, any further. The lower Court took the complaint on file and forwarded the same to the Commissioner of Police for investigation under Section 202 and for the submission of a report by 16th of May, 1947. Accordingly, the police enquired into the matter and submitted their report to the lower Court. After considering this report, the learned Magistrate found that there was no justification for proceeding with the complaint and dismissed the same.

(2.) IT may be stated at the outset that the complaint was not an oral one, but had been reduced to writing before presentation to the Court and its contents were read over and explained to the complainant on the and May, 1947, when it was presented; and he admitted the same to be correct on solemn affirmation administered in the presence of the learned Magistrate. According to the record of the proceedings before the lower Court, it is found that the complainant was not examined on oath by the Chief Presidency Magistrate.

(3.) THE proviso to Section 202(1) is as follows: