- Case number
- (T)CMA(TM) No.74 of 2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Disposed of
Headnote
Order of the Registrar deciding, after a probing enquiry, to launch a criminal prosecution under section 107(1)(a) set aside. Under section 115 a prosecution for an offence under sections 107 or 108 can be commenced only on a private complaint by the Registrar before the Judicial Magistrate, so all the Registrar need do is satisfy himself personally that grounds exist. The statute does not contemplate an enquiry into information received, and holding one exacted the appellant's line of defence in advance, prejudicing his right to defend the prosecution, since an accused may defend with silence and the burden lies on the complainant. The Registrar's power to prosecute is untouched and no pre-emptive order can issue against it.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.