1. The procedure of the learned 2nd Presidency Magistrate cannot be supported. He dismissed a complaint and discharged the accused which he is empowered to do under Section 370, Criminal P.C., without giving any reasons. But he elected to give as his reason that there was no legal evidence. This was taken up on revision and on the face of the record the learned Presidency Magistrate is wrong and there is legal evidence, the sworn statement of P.W. 3. But the Magistrate submits a report under Section 441, Criminal P.C., reiterating his statement that there is no legal evidence, and recording for the first time that he disbelieves P.W. 3. This argues great confusion of mind because if the evidence of P.W. 3 requires judicial consideration there evidently is legal evidence.
2. It seems obvious that at the time he discharged the accused the Magistrate never directed his mind to the credibility of P.W. 3, because he held that there was no legal evidence.
3. His subsequent argument is not of much use; in fact Section 441, Criminal P.C., is not enacted to enable Presidency Magistrates to give fresh reasons for their decisions contradictory to those already given; but to enable them to supply reasons where in exercise of their privilege under Section 370, Criminal P.C., they have given no reasons at all. This petition must be allowed and further inquiry ordered. The discharge is cancelled.