https://www.taxtmi.com/caselaws?id=301574 Where a special statute confines prosecution to a complaint by specified persons or a duly authorised complainant, the Government cannot continue the prosecution merely because it claims an interest in the property involved. Section 223 of the Local Boards Act restricted cognizance to the statutory complainant framework, and the proviso for information or the Magistrate's own knowledge did not apply once cognizance had been taken on a written complaint by the special officer. The civil court injunction was improper, but it did not expand governmental authority or cure the defect in complainant status. The Magistrate could proceed only within the criminal procedure rules governing the original complainant's attendance, and the order allowing the Government to carry on the prosecution was unsustainable. en-us Thu, 27 Aug 1942 00:00:00 +0530 Sat, 09 Apr 2022 10:49:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301574 Where a special statute confines prosecution to a complaint by specified persons or a duly authorised complainant, the Government cannot continue the prosecution merely because it claims an interest in the property involved. Section 223 of the Local Boards Act restricted cognizance to the statutory complainant framework, and the proviso for information or the Magistrate's own knowledge did not apply once cognizance had been taken on a written complaint by the special officer. The civil court injunction was improper, but it did not expand governmental authority or cure the defect in complainant status. The Magistrate could proceed only within the criminal procedure rules governing the original complainant's attendance, and the order allowing the Government to carry on the prosecution was unsustainable. Case-Laws Indian Laws Thu, 27 Aug 1942 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301574