MOLHAR MAL Vs. STATE

JUDGEMENT

(1.) Molhar Mal filed a complaint under Section 317, I. P. C. against Smt. Krishna Gupta. She was discharged by the Magistrate. The Magistrate ordered the complainant to pay Rs. 50/- as compensation to the accused under Section 250, Cr. P. C. Molhar Mal went up in revision to the Sessions Judge, who referred the case to this Court, recommending that the order for the payment of compensation be set aside as S, 250, Cr. P. C. could not apply to the trial of warrant cases, and, therefore, the Magistrate could not order the payment of compensation to the accused in case he found the complaint to be false and frivolous or vexatious. He relied on the case of Harihar Dat v. Maksud Ali', AIR 1926 All 159 (A).

(2.) When the matter came up before an Hon'ble Judge of this Court, it was considered of sufficient importance and was therefore referred to a Division Bench, and hence this case is before us.

(3.) Mr. Sateyndra Nath Verma was requested by the learned single Judge to appear in support of the reference. He has appeared before us and has referred us to the various cases having a bearing on this point.