JAMUNA SINGH AND OTHERS versus BHADAI SAH

JAMUNA SINGH AND OTHERS versus BHADAI SAH

The Magistrate, having examined the complainant under s. 200 of the Code, was deemed to have taken cognizance of the offences based on a complaint, and subsequent police report was merely an inquiry under s. 202. Therefore, appeal under s. 417(3) lies and the High Court was justified in setting aside acquittal.

Parties
Appellants: Jamuna Singh and others; Respondent: Bhadai Sah
Jurisdiction
India
Judgment Date
04 October 1963
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Order of Patna High Court in Criminal Appeal No. 63 of 1957
Outcome
Appeal dismissed
Legal Topics
Criminal Procedure, Appeal Against Acquittal, Cognizance of Offences, Institution of Case
Criminal Law Criminal Procedure Appeal Against Acquittal Cognizance of Offences Institution of Case

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Parties

Jamuna Singh and others

Appellants

Bhadai Sah

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order of Patna High Court in Criminal Appeal No. 63 of 1957

Legal Issues

  1. 1 Whether appeal under s. 417(3) Code of Criminal Procedure lies when case is instituted upon complaint
  2. 2 Whether Magistrate had taken cognizance upon complaint or police report
  3. 3 Whether High Court was justified in interfering with acquittal

Ratio Decidendi

The Magistrate, having examined the complainant under s. 200 of the Code, was deemed to have taken cognizance of the offences based on a complaint, and subsequent police report was merely an inquiry under s. 202. Therefore, appeal under s. 417(3) lies and the High Court was justified in setting aside acquittal.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence passed by High Court affirmed
  • No reversal or alteration of High Court’s order due to procedural irregularity