SARWAN SINGH Vs. MEHAR SINGH AND OTHERS

JUDGEMENT

(1.) A bare perusal of the provisions of section 250 of the Code of Criminal Procedure makes it clear that it is incumbent upon the Magistrate concerned to call upon the person on whose complaint or information a false accusation is made to show cause why he should not pay compensation to the aggrieved party before an order of payment of such compensation can be made. I, therefore, find myself in full agreement with the dicta in A. Venkataramiah v. Channiah and others and New Delhi Municipal Committee v. Ram Bai2t relied on by the learned Sessions Judge whose recommendation is accepted for the reasons stated by him. The petition succeeds and that part of the order of the learned Magistrate dated 8th September, 1966 which is impugned in these proceedings and by virtue of which the petitioner before me was burdened with costs is set aside.