Mannu Khan () v. Chandi Prasad And Others (S).

Ryves, J.:— Mannu Khan laid information before the Magistrate in consequence of which action was taken under section 107 of the Cr PC against a number of persons. After enquiry the Magistrate discharged these persons under section 119 of the Cr PC and held that the complaint made against them was vexatious and frivolous, and ordered the complainant to pay them each Rs. 15 as compensation under section 250 of the Cr PC. On revision before the learned District Magistrate, he has referred the case to this Court with a recommendation that the order under Section 250 be set aside. Section 250 is only applicable in a case instituted by complaint or of information given to a Police Officer or to a Magistrate whereupon a person is accused before a Magistrate of “an offence”. It has been held by this Court in Ram Sukh Rai v. Mahadeo Rai (1) that Section 250 does not apply to an enquiry under Section 107 of the Cr PC. That ruling followed an earlier ruling of this Court which laid down the same principle, viz., Queen Empress v. Lakhpat (2). It seems to me that those cases are in point. I accordingly accept the reference and direct that if the fines ordered to be paid under Section 250 have been paid, they be refunded, otherwise the order for payment is set aside.

2. (Order set aside).