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1909 DIGILAW 429 (MAD)

Namana Bhima Narasamma v. Surisetti Peda Venkatrayudu

1909-12-22

AYLING

body1909
ORDER Ayling, J. 1. The only ground on which Mr. Prakasam attacks the Magistrates 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.