Rahim Bux and Others vs State of U.P.

P.N. Harkauli, J.—The applicants were tried by Hari Ram, Canal, Magistrate, Second Class, Bijnor u/s 70 of the Northern India Canal and Drainage Act 8 of 1873 and were sentenced to pay a fine of Rs. 50/- each.

The allegation against them was that they damaged a Kachchi Nail of the Government Tube well. Their appeal was dismissed by the learned Sessions Judge. Thereupon, the present revision application was filed.

It was contended that the complaint was sent by the complainant through post and so the learned Magistrate was not entitled to take cognizance of the case and thus the entire proceedings were illegal.

It is true that the complaint which was made by private person was sent by post and no statement of the complainant was recorded Immediately upon the receipt of the complaint as required u/s 200 Code of Criminal Procedure but this is only an irregularity in taking cognizance of the case and summoning the applicants. This irregularity cannot, in the absence of proof of any prejudice vitiate the trial. No prejudice has been shown. Indeed this objection was not even raised in the trial court. It must therefore be held that this irregularity was cured by Section 537 of the Code of Criminal Procedure, 1898.

This revision has no force and is dismissed.