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Namana Bhima Narasamma Vs. Surisetti Peda Venkatrayudu and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.940
AppellantNamana Bhima Narasamma
RespondentSurisetti Peda Venkatrayudu and ors.
Cases ReferredQueen v. Parasurama Naikar
Excerpt:
criminal procedure code (act v of 1898), section 253 - discharge of the accused before all the prosecution, witnesses are examined. - orderayling, j.1. the only ground on which mr. prakasam attacks the magistrate's order is that the magistrate acted illegally in discharging the accused without examining all the prosecution witnesses. the second clause of section 253, criminal procedure code, authorises him to do so, on recording his reasons, which he has done in this case. the only ruling quoted by mr. prakasam [queen v. parasurama naikar 4 m.k 329 was passed before the enactment of a criminal procedure code containing such a provision. there is no ground for interference. the petition is dismissed.
Judgment:
ORDER

Ayling, J.

1. The only ground on which Mr. Prakasam attacks the Magistrate's order is that the Magistrate acted illegally in discharging the accused without examining all the prosecution witnesses. The second Clause of Section 253, Criminal Procedure Code, authorises him to do so, on recording his reasons, which he has done in this case. The only ruling quoted by Mr. Prakasam [Queen v. Parasurama Naikar 4 M.K 329 was passed before the enactment of a Criminal Procedure Code containing such a provision. There is no ground for interference. The petition is dismissed.


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