EMPEROR Vs. RANGNATH KOSHTI

JUDGEMENT

(1.) 1. This is a reference by the Additional Sessions Judge, Nagpur, reporting against the order of the Honorary Magistrate, First Class, Nagpur, directing payment of compensation by the complainant under Section 250, Criminal P. C. The order is entirely contrary to law. The trial was determined by the order of discharge, dated 22nd December 1932. No reference in that order of discharge is made to any action to he taken under Section 250, Criminal P. C., and the Magistrate only acted on the suggestion of one of the accused in an application filed on that day but which he directed it to be presented on 5th January 1933. No ice to show cause was issued on 10th January. Cause was shown on the 19th idem and the order was passed on that day. The order was to the effect that Rs. 40 should be paid as compensation, Rs. 20 of which was to be paid as a fine to Government There is no provision in the Criminal Procedure Code that Government is to be compensated in any way under Section 250, Criminal P. C. That part of the order is patently illegal. The remainder of the order too is contrary to law. Sub-section (1), of Section 250, Criminal P. C., runs: ... the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one, or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

(2.) IT is clear that if the complainant is present, he is to be called on to show cause forthwith. If he is not present, summons is to issue "to him to show cause. But in either case the order directing him to show cause must be contained in the order of discharge or acquittal, that is to say the Magistrate must act on his own initiative, and the case must be one which the Magistrate considers from the terms of his own order of discharge or acquittal to be one to which Section 250, Criminal P.O., is applicable. There is no provision in the Code for an application by any accused person, after the order of discharge or acquittal has been passed, for the initiation of compensatory proceedings. The learned Magistrate however has initiated proceedings initiated on the application of one of the accused.