Navanna Chinna Narasanna Vs. Suresetti Peda Venkatrayadu and ors. - Court Judgment
|Appellant||Navanna Chinna Narasanna|
|Respondent||Suresetti Peda Venkatrayadu and ors.|
|Cases Referred||Queen v. Parasurama Naicker|
criminal procedure code (act v of 1898), section 253(2) - discharge of accused without examining all the prosecution evidence available. - 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 naicker 4 m. 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.
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 Naicker 4 M. 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.