SUKHA SAHU Vs. EMPEROR

JUDGEMENT

(1.) Sukha Sahu complained before the District Magistrate of Muzaffarpur alleging that Chandar Sahu had brought about a marriage between his son and Sukha Sahu's daughter, thereby committing an offence punishable under Section 6, Child Marriage Restraint Act.

(2.) The complaint was referred to Babu Rameshar Prasad, a local Magistrate, for enquiry, as a result of which the Magistrate reported that proceedings under the Act should be taken against Sukha Sahu, Chandar Sahu and Achhaibat Jha. On this report process was issued against these three persons who were placed on their trial and in due course convicted and fined under the Act. The Sessions judge had forwarded the record under Section 438, Criminal P.C. for revision of the order of the District Magistrate on the ground that he had no jurisdiction to take cognizance of the offence without a formal complaint. The learned Sessions Judge considers that cognizance was taken as soon as the District Magistrate directed Babu Rameshwar Prasad to hold a local enquiry and as Sukha Sahu did not complain against himself, the proceedings against Sukha Sahu were irregular.

(3.) A complaint as defined in Section 4(h), Criminal P.C., includes any allegation made in writing to a Magistrate with a view to his taking action under the Code that some person had committed an offence.