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Manickavasaga Nadar Vs. K. Krishnaswami Iyer - Court Judgment

LegalCrystal Citation
Subject criminal
CourtChennai
Decided On
Reported inAIR1942Mad113
AppellantManickavasaga Nadar
RespondentK. Krishnaswami Iyer
Excerpt:
- orderlakshmana rao, j.1. the order under section 133, criminal p.c. was not made absolute under clause (1) of section 139, criminal p.c. and further proceedings had to be dropped as provided in clause (2) of section 139, criminal p.c. section 140, criminal p.c. is therefore inapplicable and the order of the sub-divisional magistrate cannot be sustained. the revision petition is therefore allowed and the order of the sub-divisional magistrate is set aside.
Judgment:
ORDER

Lakshmana Rao, J.

1. The order under Section 133, Criminal P.C. was not made absolute under Clause (1) of Section 139, Criminal P.C. and further proceedings had to be dropped as provided in Clause (2) of Section 139, Criminal P.C. Section 140, Criminal P.C. is therefore inapplicable and the order of the Sub-divisional Magistrate cannot be sustained. The revision petition is therefore allowed and the order of the Sub-divisional Magistrate is set aside.


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