JUDGEMENT
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(1.) THIS is a reference by the District Magistrate, Banswara.
(2.) ON complaint by one Dayalal, proceedings were started by the Sub-Divisional Magistrate of Banswara under sec. 107 Cr. P. C. The complaint was dismissed and Dayalal was ordered to pay compensation to each of the opposite party in the sum of Rs. 10/ -. ON revision, the learned District Magistrate recommended that the order granting compensation to the opposite party be set aside.
The reference is correct. Sec. 250 Cr. P. C. is applicable only in cases where the opposite party is charged with any offence. In the present case, no offence was charged against the opposite party and the order directing compensation to be paid by Dayalal to the opposite party was not according to law. The reference is, therefore, accepted and the order of S. D. M. , Banswara, directing compensation to be paid by Dayalal is set aside. .;
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