ABDUL NABI Vs. GULAM MURTHUZA KHAN AND ANOTHER

JUDGEMENT

(1.) The short question which must necessarily be answered in this enquiry is whether a Magistrate can, under Section 253(2) Criminal Procedure Code, discharge the accused even after the accused has put in his appearance in response to the summons issued, but without taking any evidence whatsoever under Section 252 Criminal Procedure Code.

(2.) The necessary facts are that the respondent filed a complaint against the petitioner under Sections 420 and 406 Indian Penal Code, alleging certain facts. The learned Magistrate before whom the complaint was filed, recorded the statement of the complainant under Section 200 Criminal Procedure Code, took cognisance of the case under Section 420 Indian Penal Code only, and issued summons to the accused.

(3.) On appearance of the accused, he raised an objection that the facts as disclosed in the complaint do not make out any offence, and that the Magistrate has no jurisdiction to try the case. The learned Magistrate upheld the contentions of the accused and dismissed the complaint and discharged the accused.