AIR 1920 PATNA 469 ::1920 Cri LJ(2) 184 (PAT) ::(1920) 1 Pat LT 28 ::(1920) 54 Ind Cas 888

Patna High Court

Hon'ble Judge(s): Adami , J

Criminal P.C. (5 of 1898) , S.249— On police report Magistrate ordering issue of summons under S. 182, Penal Code - On learning contrary report in another case order of issue of summons cancelled - Magistrate's order held legal. Where upon receipt of a police report that one J, had given false information to the police against certain persons a Magistrate ordered the prosecution of J under S. 182, Penal Code, but subsequently upon receipt of another report in another case that the information given by J was true, he ordered the summons issued for the attendance of J to be cancelled. Held : that the Magistrate had full power to cancel the summons under S. 249.