SYED WAHIB ALI Vs. MOHD SHARIF

JUDGEMENT

(1.) THIS reference is made fry the learned Chief City Magistrate -cum -Additional Sessions Judge, Hyderabad, recommending that the order of the VIII City Magistrate refusing to take action on the petition of the accused, who was acquitted, may be set aside and she may be ordered to enquire into the matter dand novo and ascertain whether the petitioner (accused) is entitled to compensation.

(2.) THE facts which give rise to this revision may shortly be stated. The 1st respondent before the Sessions Judge filed a private complaint against the petitioner before him under Sections 323, 448 and 504, I.P.C. The case was taken on file as C. C. No. 164 of 1962. The complainant and two of his witnesses were examined. On the next date of hearing, i.e., 21.2.1962, it appears that the complainant was absent and the counsel reported no instructions. Therefore, the learned VIII City Magistrate dismissed the complaint and acquitted the accused under Section 247 Criminal Procedure Code After this order of acquittal was passed, the petitioner (accused) filed a petition, Cri. M. P. No. 27 of 1962 under Section 250 Criminal Procedure Code praying that a compensation of Rs. 500/ - may be awarded to him on the ground that the complainant had intentionally and deliberately absented himself to shield the accused in another case, which was pending before the Juvenile Court. The accused in that case was one Dawood Khan and he figured as a prosecution witness in this case. The Magistrate, on the basis of this petition, issued a show -cause notice to the complainant, and after he had filed a counter, he arguments were heard and the Magistrate decided that after having passed the order of acquittal, she had become functus officio and therefore had no jurisdiction to take any action under Section 250 Criminal Procedure Code This order has given rise to this reference as stated earlier.

(3.) THE referring Judge is of the opinion that even after the order of acquittal or discharge is passed, the Magistrate can enquire into a petition filed under Section 250, Criminal Procedure Code As there is no ruling directly on the point, he has referred the case to this Court for decision. In this connection, Section 250(1) Criminal Procedure Code may be considered, which reads as follows : -