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O.S. Venkatarama Iyer Vs. T.M. Soundararaja Iyyengar - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in115Ind.Cas.64
AppellantO.S. Venkatarama Iyer
RespondentT.M. Soundararaja Iyyengar
Excerpt:
criminal procedure code (act v of 1898), section 259 - discharge of wound on account of non-appearance of complainant--non-appearance, excuse of--de novo trial, whether necessary. - orderjackson, j.1. petitioner was discharged because of complainant's absence. the complaint was then taken up again and the trial proceeded and it is urged that this was illegal. if a magistrate discharges an accused because of the non-appearance of the complainant under section 259, code of criminal procedure, and subsequently excuses that non-appearance he must proceed de novo. none of the evidence recorded in the first can be carried over to the second case.2. in this case no evidence had been recorded. the magistrate was asked to proceed de novo, and his only irregularity lay in his failing to take a sworn statement. i cannot see that accused was prejudiced by this irregularity and dismiss the petition.
Judgment:
ORDER

Jackson, J.

1. Petitioner was discharged because of complainant's absence. The complaint was then taken up again and the trial proceeded and it is urged that this was illegal. If a Magistrate discharges an accused because of the non-appearance of the complainant under Section 259, Code of Criminal Procedure, and subsequently excuses that non-appearance he must proceed de novo. None of the evidence recorded in the first can be carried over to the second case.

2. In this case no evidence had been recorded. The Magistrate was asked to proceed de novo, and his only irregularity lay in his failing to take a sworn statement. I cannot see that accused was prejudiced by this irregularity and dismiss the petition.


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