WAHED ALI AKON Vs. SARAJUDDIN UKIH

JUDGEMENT

(1.) This rule has been issued to show cause why an order passed by Mr. S.C. Guha, Magistrate, 2nd Class, of Munshiganj, on the petitioner to pay Rs. 50 as compensation to the accused in a case in which the petitioner was the complainant should not be set aside upon ground 1 stated in the petition. Ground 1 in the petition is in these words: For that in the absence of any finding to the effect that the case was a false and frivolous or vexatious one recorded by the trying Magistrate after reviewing the cause shown, the order under Section 250, Criminal P.C, is not warranted in law and it is liable to be set aside.

(2.) The facts are these: The Magistrate in the last paragraph of his judgment by which he discharged the accused, persons and made the order complained of in this rule observed as follows: Considering the whole facts and circumstances of the case and the evidence adduced I find that the case is false and it is vexatious at the same time. I accordingly find that there are no materials for a charge and I accordingly discharge the accused under Section 253, Criminal P.C. and call upon the complainant to show cause why he should not pay compensation to the accused under Section 250, Criminal P.C. The complainant has shown cause and he has traversed the points in his explanation which have been discussed in detail above. I have nothing more to add to show that his case is not a true one as alleged by him. I accordingly direct that the complainant should pay Rs. 50 as compensation to the accused under Section 250, Criminal P.C. in default to suffer simple imprisonment for two weeks.

(3.) The order complained of, it may be conceded at once, is quite in form being a combination of two orders by which the accused was ordered to be discharged and the petitioner was ordered to pay compensation. From the order, however, it appears that what the learned Magistrate did was that when he made up his mind to discharge the accused being of opinion that the case against him was false and vexatious, he called upon the petitioner to show cause why compensation should not be ordered. On that the complainant showed cause and the Magistrate took the cause that was shown into consideration and then wrote out his entire judgment in the last paragraph of which, quoted above, he discharged the accused and ordered the complainant to pay compensation. That is quite clear from the words in the passage quoted above, namely: The complainant has shown cause and he has traversed the points in his explanation which have been discussed in detail above. I have nothing more to add to show that his case is not a true one as alleged by him.