ABBAS BEARY Vs. STATE OF MYSORE

JUDGEMENT

(1.) By this Petition, the petitioner has challenged the correctness of the order, dated the 23rd May 1963, passed by the District Magistrate of South Kanara, in Criminal Revision petition No. 3/63 filed by the State in his Court. By that order, he set aside the order of discharge passed by the Additional District Munsiff-Magistrate in C.C. 519/62 and directed him to make further inquiry into the case.

(2.) The question raised in this petition relates to the power of the District Magistrate to order to inquiry acting under Section 436 of the Code of Criminal Procedure, into the case of a person accused of an offence who has been discharged by the Magistrate under sub-section (2) of S. 251-A of the Cri. P. C.

(3.) The facts leading to this petition may briefly be stated as follows :