LAWS(BOM)-1950-4-6

DOSABHAI ARDESHIR COOPER Vs. STATE

Decided On April 17, 1950
DOSABHAI ARDESHIR COOPER Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE short point which arises in this case is whether Section 516aa of the Code of Criminal Procedure is retrospective in its operation. This question arises in this way :

(2.) THE petitioner had filed a complaint under Sections 447 and 506 of the Indian Penal Code, 1860, against one Karimkhan Sherali before the police on March 21, 1948. Subsequently a charge-sheet was submitted and the case was forwarded to the Court of the Resident Magistrate, First Class, Surat. At the end of the trial the learned Magistrate acquitted the accused of the offence charged and made an order under Section 516aa of the Criminal Procedure Code that the complainant should pay Rs. 40 as costs to the accused. THE learned Magistrate held that the complaint which had been filed by the complainant before the police was neither reasonable nor probable as it was not a bona fide or a genuine complaint at all. This order was challenged by the complainant by preferring a revision application in the Court of the learned Sessions Judge at Surat. THE learned Sessions Judge, however, confirmed the order, with the result that the complainant, has come to this Court in the present revision application.