Law: Penal Code (XLV of 1860)

Section: 193

  Penal Code (XLV of 1860), S. 193-Cognizance of offence cannot be taken except on complaint contemplated by S. 195, Criminal Procedure Code (V of 1898) as result of proceedings under S. 476 thereof.   Criminal Procedure Code (V of 1898), S. 476 (1) Expression "after such preliminary inquiry, if any"-Preliminary inquiry, though optional, has generally to be made-Even if such inquiry dispensed with, application of mind of Court concerned to question whether holding of inquiry into offence expedient in interest of justice, necessary.   Criminal 'Procedure Code (V of 1898), Ss. 195 & 476- Cognizance of offence mentioned in S. 195 otherwise than upon complaint in writing of Court concerned and without complying with provisions of S. 476-Not competent.   Criminal Procedure Code (V of 1898), Ss. 476-B, 476 & 439-Expression "against whom such complaint has been made" in S. 476-B-Word "complaint" not to be understood independently of order contemplated by S. 476-Appeal contemplated by S. 476-B is against finding recorded under S. 476-"Complaint" referred to in S. 476-B merely supplements order under S. 476-Order without such supplementing, incomplete for purposes of appeal under S. 476 B-Right of appeal under S. 476-B not availed of in such cases does not deprive accused of right to raise question at his trial or in appeal or in revision.   Meezanur Rahman v. The State P L D 1957 Dacca 142 ; Jabbar Ali and another v. Emperor A I R 1929 Cal. 203 ; Ali Ahmad v. Emperor A I R 1932 Cal. 545 ; Inayatullah v. Emperor A I R 1927 Lah. 379 ; Naraindas V. Gidwani v. Emperor A I R 1943 Sind 157 ; A I R 1943 Sind 96 ; Niranjan Lal Mittal v. Emperor   A I R 1944 All. 40 and Hakim Rai v. The State A I R 1957 Pb. 134 ref.     (e) Criminal Procedure Code (V of 1898), Ss. 476 & 476-B- Application under S. 476 dismissed for default or for non-prosecu tion-Right of appeal under S. 476-B riot available : (Obiter). JUDGMENT   Mooso son of Muhammad Swalleh was convicted by the Sub-Divisional Magistrate, Hyderabad of an offence under section 193, P. P. C. f and sentenced to 4 months'…