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Emperor Vs. Varadarajulu Naidu - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in136Ind.Cas.314
AppellantEmperor
RespondentVaradarajulu Naidu
Excerpt:
criminal procedure code (act v of 1898), section, 245 - acquittal without examining complainant or his witnesses, legality of. - - 1. it was not open to the magistrate to refuse to examine the complainant and the witnesses produced by her and the acquittal of the accused under section 245, criminal procedure code, without recording any evidence is clearly illegal.1. it was not open to the magistrate to refuse to examine the complainant and the witnesses produced by her and the acquittal of the accused under section 245, criminal procedure code, without recording any evidence is clearly illegal. it cannot therefore be upheld and the recommendation of the sessions judge who has referred the case to this court on the application of the complainant is accepted. the order of acquittal is therefore set aside and the complaint should be inquired into by such other magistrate as the district magistrate of tanjore may direct.
Judgment:

1. It was not open to the Magistrate to refuse to examine the complainant and the witnesses produced by her and the acquittal of the accused under Section 245, Criminal Procedure Code, without recording any evidence is clearly illegal. It cannot therefore be upheld and the recommendation of the Sessions Judge who has referred the case to this Court on the application of the complainant is accepted. The order of acquittal is therefore set aside and the complaint should be inquired into by such other Magistrate as the District Magistrate of Tanjore may direct.


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