1928 (11) TMI 1

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....k cognizance after he had discharged the same accused in the first complaint by the same complainant on the same facts and in respect of the same alleged offence. The District Magistrate thought that by this action of the Magistrate in taking cognizance of the second complaint, he had arrogated to himself the functions of the District Magistrate or Sessions Judge, and though there was no express p....

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....in law to prevent him from inquiring again into the case. To the same effect is the decision in In re Mahadev Laxman (1924) 27 Bom. L.R. 352. The same view is taken by the other High Courts; Mir Ahwad Hossein v. Mahomed Askari (1902) I.L.R. 29 Cal. 726, F.B. Emperor v. Chinna Kaliappa Gounden (1905) I.L.R. 29 Mad, 126, F.B. and Ram Bharos v. Baban (1914) I.L.R. 36 All, 129. 3. On the facts of t....