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Issues: Whether, on a finding that the Magistrate lacked territorial jurisdiction to take cognizance, the complaint had to be returned to the proper court under Section 201 of the Code of Criminal Procedure, 1973, and whether the proceedings could be treated as a discharge or acquittal.
Analysis: The jurisdictional defect did not determine the merits of the accusation. Where a complaint is presented before a Magistrate not competent to take cognizance, the statutory procedure requires return of the written complaint for presentation before the proper court. The earlier order of the High Court only restrained further action by the wrong forum and did not absolve the accused or negate the complaint. Accordingly, the impugned order declining to treat the matter as a mere return of complaint could not stand, and the complaint was directed to be presented before the court having jurisdiction.
Conclusion: The complaint was required to be returned to the proper court under Section 201 of the Code of Criminal Procedure, 1973, and the order could not operate as a discharge or acquittal.
Final Conclusion: The revision succeeded to the extent that the proceedings were treated as a return of complaint for presentation before the competent forum, while the merits of the prosecution remained open for trial before that forum.
Ratio Decidendi: When a complaint has been filed before a Magistrate lacking jurisdiction, the proper course is return of the complaint to the competent court under Section 201 of the Code of Criminal Procedure, 1973, and such jurisdictional defect does not by itself amount to discharge or acquittal.
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