Research › Browse › Judgment

Calcutta High Court · body

1905 DIGILAW 108 (CAL)

Amjad Ali v. Ashraf Ali

1905-06-07

body1905
JUDGMENT 1. This applicant was ordered under sec. 250, Cr.P.C., to pay compensation to a person against whom he had brought a criminal charge. A rule was issued calling on the District Magistrate to show cause why this order for compensation should not be set aside on the ground that the Magistrate in making it has not given reasons for awarding such compensation. 2. The Joint Magistrate who made the order has sent in an explanation in which he says that his reasons are given in the judgment and order-sheet and that he does not wish to add anything more. 3. We have examined his judgment and his order-sheet and all we find is this. He says that the prosecution evidence is highly unsatisfactory. He then deals with an application by the prosecution for an adjournment and decides against it. Then he says upon the evidence and the written statements and documents he has no hesitation in saying that--the present is a vexatious case and accordingly called on the applicant to show cause why he should not pay compensation. 4. After the application to the Sessions Judge the Joint Magistrate was ordered to take further evidence, and in his order he says briefly he sees no reason for changing his opinion. The new witnesses did not alter his former conclusions. 5. We do not find in his judgment any statement of the facts of the case--no criticism of the incidents involved in it, no reasons why he thinks the case is vexatious. The ground, therefore, on which the rule was issued, remains valid. Accordingly, we make the rule absolute, set aside the order and direct that the compensation, if paid, be refunded.