This is a reference from the District Magistrate of Patna recommending that certain proceedings taken against a man named Rohini Kumar Sen under sec. 61 of Act VI of 1898 be set aside on the ground that they do not comply with the provisions of sec. 72 of that Act. Sec. 72 provides that no Court shall take cognisance of an offence punishable under any of the provisions of secs. 51, 53, 54, cls. (a) and (6), 55, 56, 58, 59, 61, 64, 65, 66 and 67 of this Act, unless upon complaint made by order of, or under authority from, the Director-General or Postmaster-General.”
In the present case it does not appear that a complaint as defined by sec. 4, cl. (h), was made and it is obvious that the Magistrate who took cognisance of the offence did not examine the complainant upon oath and reduce the substance of his examination to writing to be signed by the complainant, as he was bound to do under the provisions of sec. 200 of the Criminal Procedure Code. The prosecution, therefore, does not appear to have been made upon complaint, although the prosecution was authorised by the Postmaster-General.
The result, therefore, is that we set the proceedings aside with liberty to the authorities to take such steps as they think proper after complying with the terms of the section.
B.C