SUNDARASAN Vs. KING-EMPEROR

JUDGEMENT

(1.) I concur. I only wish to add that I agree with the opinion of Mr. Justice Carnduff in Lakhi Narayan Ghose v. Emperor (1910) I.L.R., 37 Cal., 221 that the decision in Thakur Pershad Singh v. The Emperor 1906) 10 C.W.N., 776 goes beyond the provisions of the Code and is not; a decision which can be followed without question.

(2.) ANOTHER case, Jhuna Lal Sahu v. The King-Emperor (1917) 2 Patna L.J., 657, was quoted to us. But, as I understand that case, there was a complaint in writing, of which the Magistrate might have taken cognizance under Section 190, Sub- section (1)(a), and the learned Judges were of opinion that, having such a complaint before him, the Magistrate was not justified in taking cognizance of the same under Section 190, Sub-section (1)(c), as if it was a matter that had come to his knowledge from a source other than a complaint of facts constituting an offence, as complaint is defined in the Code.