DULALI BEWA Vs. BHUBAN SHAHA AND ORS

JUDGEMENT

(1.) In this case the Magistrate dismissed the complaint of one Dulali Bewa charging certain persons with wrongful confinement of her brother, under section 180 of the Code of Criminal Procedure, The Sessions Judge holds that this proceeding was illegal, and that before dismissing the complaint under section 180, the Magistrate was bound to record the examination of the complainant under section 66. The Magistrate in his explanation states, that he does not consider the case to come under section 66, as the object of the complainant was not to have a summons or warrant issued against any person. We think that section 66 does apply, and that before the complaint could be dismissed under section 180, the Magistrate was bound to have recorded the examination of the complainant. The petition filed by her asks for a summons to be served on her witnesses, and in proof of her allegations for orders to the Police to make a further investigation, and release her brother who, she stated, was illegally confined. In the heading of this petition she distinctly prays that, after proof taken, the accused parties might be sent for. This petition, taken as a whole, appears to us clearly to mean that the petitioner wished those whom she charged with the unlawful confinement of her brother to be sent for by the Magistrate on proof of the truth of her allegations. The enquiry by the Police, which was also prayed for, was only a means to the end. We think therefore that the Magistrate was not right in dismissing the complaint without going through the process enjoined by section 66 and we think further, that he should send for the petitioner, Dulali Bewa, and give her the opportunity of strengthening her case by deposing on. oath to its truth.