K DAPPACHU Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioners were charged with having committed an offence punishable under section 385 of the Penal Code. The case was instituted on a police report and since it was a warrant case the provisions of Chapter XXI of the Code of Criminal Procedure were applicable to its trial.

(2.) On December 22, 1960, the District Magistrate before whom the case was pending made the order against which this revision petition has been presented, purporting to do so under Section 251-A (2) and 540 of the Code of Criminal Procedure. He was of the view that in order to understand more fully the case of the complainant, and to decide whether a charge should or should not be framed, it was necessary for him to examine the complainant at that stage. He accordingly directed the complainant to appear before him and examined him on a subsequent date of hearing.

(3.) In this revision petition, Mr. Ramanathan, appearing for the petitioners contends that the procedure adopted by the District Magistrate amounts to a transgression of the provisions of section 251-A of the Code of Criminal Procedure.