https://www.taxtmi.com/caselaws?id=295115 A complaint case is treated as instituted on a complaint when the Magistrate has already taken cognizance under section 200 and examined the complainant on oath; a later police direction is then referable to section 202, not section 156(3). On that basis, the complainant's appeal against acquittal under section 417(3) was competent. The High Court was justified in reversing the acquittal because it applied the correct approach to interference with acquittal and found the prosecution case proved on the evidence. The Magistrate's direction to police did not deprive the court of jurisdiction; at most it was an irregularity causing no failure of justice, so the conviction and sentence were sustained. en-us Fri, 04 Oct 1963 00:00:00 +0530 Wed, 19 May 2021 15:11:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295115 A complaint case is treated as instituted on a complaint when the Magistrate has already taken cognizance under section 200 and examined the complainant on oath; a later police direction is then referable to section 202, not section 156(3). On that basis, the complainant's appeal against acquittal under section 417(3) was competent. The High Court was justified in reversing the acquittal because it applied the correct approach to interference with acquittal and found the prosecution case proved on the evidence. The Magistrate's direction to police did not deprive the court of jurisdiction; at most it was an irregularity causing no failure of justice, so the conviction and sentence were sustained. Case-Laws Indian Laws Fri, 04 Oct 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295115