ABDUL NABI Vs. GULAM MURTHUZA KHAN

JUDGEMENT

(1.) The short question which must necessarily be answered in this enquiry is whether a Magistrate can, under Section 253(2) Cr. P C., 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 Cr. P. C.

(2.) The necessary facts are that the respondent filed a complaint against the petitioner under Sections 420 and 406 I. P. C., alleging certain facts. The learned Magistrate before whom the complaint was filed, recorded the statement of the complainant under Section 200 Gr. P. C., took cognizance of the case under Section 420 I. P. C. 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.