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Navanna Chinna Narasanna Vs. Suresetti Peda Venkatrayadu and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.606
AppellantNavanna Chinna Narasanna
RespondentSuresetti Peda Venkatrayadu and ors.
Cases ReferredQueen v. Parasurama Naicker
Excerpt:
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.
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 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.


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