SHEO PRASAD SINGH Vs. MAHANGOO NONIA

JUDGEMENT

(1.) This reference must be accepted. The accused persons were bound over under Section 107 of, the Criminal Procedure Code and were also ordered to pay Rs. 75 as costs of the case to be paid to the complainant Mahangoo.

(2.) Under Section 117 Sub-clause (2) of the Criminal Procedure Code the enquiry had to be as nearly as might be practicable in the manner prescribed for conducting trials and recording evidence in summons cases. That provision was ignored and the case was tried as if it were a warrant case.

(3.) Then again the order as to the payment of costs was altogether illegal. Section 545 of the Criminal P. C. cannot possibly apply to a case under Section 107 inasmuch as no fine was or could have been imposed. The order directing the accused persons to pay Rs. 75 as costs to the complainant was therefore ultra vires.