KALIAPERUMAL NAIDU Vs. BAVAJI SAHIB

JUDGEMENT

(1.) The Second Class Magistrate of Tan]ore directed P.W. No. 4 to pay to the accused a sum of Rs. 35 as compensation under Section 250 of the Criminal Procedure Code, and the District Magistrate confirmed the order.

(2.) The facts are these: P.W. No. 1 lost a bull. P.W. No. 1 and P.W. No. 4 who were residents of a village called Rtimsapatti, thereupon went to Ammapet, the. village where the accused was living, and P.W. No. 4 gave information to P.W. No. 2 the Village Magistrate of Ammapet to the effect that a bull of P.W. No. 1 was stolen and that the accused was the thief. Before taking any action P.W. No. 2 desired to have a report from the Village Magistrate of Ramsapatti, who accordingly forwarded to him Exhibit A which confirmed the information given by P.W. No. 4. On the receipt of this report P.W. No. 2 communicated with the Police who charged the accused with theft or, in the alternative, receiving stolen property. It must be added that the Police, subsequent to the receipt of the communication from the Village Magistrate of Ammapet, but before charging the accused with the offence mentioned above, received from P.W. No. 1, the owner of the bull, information under Section 153, Criminal Procedure Code. The lower Courts found that the accused was not guilty and directed P.W. No. 4 to pay compensation to the accused.

(3.) On behalf of P.W. No. 4 it is contended that the order directing him to pay compensation is, in the circumstances, illegal.