(1.) This criminal revision case has been filed against the order of discharge made by the learned Sub-Divisional Magistrate of Cheyyar In C. C. No. 493 of 1951 and which was refused to be interfered with by the District Magistrate of Vellore in C. R. P. No. 5 of 1952.
(2.) The facts are: C. C. No. 1647 of 1951 was filed before the Sub-Magistrate, Polur, for offences under Sections 324 and 323, Penal Code, by Ayesha Bee, wife of Kasim Saheb, Chinnapushpagirt village, Polur Taluk, against Peerkhan sahib, Pathima Bee and Chote Bee, all residing in Chinnapushpagiri village, Polur Taluk. It is unnecessary for us to go into the details of that case. So far as the present case is concerned, what happened was this. On this Ayesha Bee, the complainant, being examined as a prosecution witness, the accused who were defended by Mr. V. M. Sundaresa Aiyar, Advocate, Vellore put questions to this witness containing 'per se' defamatory imputations to the following effects viz., (a) that the complainant was in criminal and illicit sexual intimacy with one Azia Khan husband of accused "2 in that case;. (b) that the complainant was taken to Vellore and kept there by the said Aziz Khan in pursuance of such intimacy; (c) that the complainant bore two children to the said Aziz Khan and (d) that the complainant was living in illicit sexual intimacy with the said Aziz Khan for the past ten years and upto the date of the abovesaid questioning.
(3.) On the other Hand, it is the case for the complainant that she is the lawfully wedded wife of Kasim Saheb and has been living with her husband for the past 15 years and has borne him no less than four children alive and two dead and that she has been leading a chaste life and that the imputations were grossly defamatory. The complainant gave a lawyer's notice marked as Ex. P. 4 through her advocate Mr. Asker All sahib and to this Mr. Sundaresa' Aiyar has sent a reply notice which the Magistrate refused to allow to be exhibited as coming within the mischief of Section 126, Evidence Act. There is no dispute however that Mr. Sundaresa Aiyar put those questions on instructions from the accused and in fact this was made out in another way, viz., the testimony of me complainant. As P. W. 1, she deposed:
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