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Bombay High Court
Mustafa Rahim vs Motilal Chunilal on 27 June, 1907
Equivalent citations: (1907) 9 BOMLR 742
Author: Curiam
Bench: Chandavarkar, Heaton


Curiam, J.

1. The District Magistrate dismissed the complaint under Section 203 of the Criminal Procedure Code for reasons mainly or largely arising out of his own personal knowledge of the affair or conjecture or out of knowledge he had apparently acquired prior to the making of the complaint. Reasons for dismissing a complaint should be based on inferences or facts arising from or disclosed by (1) the complaint; (2) the examination of the complainant; (3) the investigation, if” any, made under the powers conferred by Section 202 of the Criminal Procedure Code. This provides a wide field. Anything outside it is extra judicial and must be discarded. This conclusion coincides with that arrived at in the case of Ganesh Narayan Sathe (1889) I.L.R. 13 Bom. 590.

2. Accordingly we set aside the District Magistrate’s order and direct him to dispose of the complaint according to law.

3. The matter was referred to inf’argument but we do not think it necessary at this stage to express any opinion as to whether the proceedings are bound by Section 197 of the Code of Criminal Procedure.

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