(1.) These are two connected matters for (a) setting aside the Order made by the learned District Magistrate (Judicial) Salem in O. A. No. 71 of 1954 dismissing an appeal sought to be preferred in his court on the ground of limitation; and (b) for quashing the proceedings in C. C. 149 of 1954 on the file of the Sub-divisional Magistrate, Dharmapuri.
(2.) The facts are : The petitioner herein Subramania Asari, Kammala Street, Dharmapuri, presented a typed complaint before the Sub-Magistrate, Dharmapuri, to the effect that his widowed daughter-in-law Sukirtham alias Manotunani Ammal who was living away from her husband for three years prior to his death on 27-11952 had become pregnant and had brought about a miscarriage and secretly burled the foctus ten days prior to the filing of the complaint. The father of this girl was accused of having abetted the commission of these offences. The Sub- Magistrate of Dharmapuri without recording the sworn statement of this complainant and without recording his reasons for postponing the issue of process and causing an investigation to be made by the Police forwarded it to the Sub- Inspector of Police, Dharmapuri, for investigation. The police after investigation reported that the complaint was false. The Sub-Magistrate passed administrative orders as prescribed by the Criminal Rules of Practice on the final report holding the complaint to be false agreeing with the Police. Then aa stated by him in his order after perusing the "record of investigation by the Police he came to the conclusion that the complainant had falsely accused his daughter-in-law Sukirtham and his Sambhandi of serious offences having no just or lawful ground for doing so. Therefore he considered it expedient in the interests of justice that a complaint against this Subramania Asari should be filed for an offence under Section 211, I. P. C., and did so. The Sub-Divisional Magistrate, Dharmapuri, to whom this complaint had been made enquired into the matter in O. C. No. 44 of 1953. Six witnesses were examined on the side of the prosecution and eight witnesses were examined on the side of the defence. The learned Sub-Divisional Magistrate came to the conclusion that by reason of the ill-will between this Subramania Asari and his widowed daughter-in-law and her father and between whom a Civil litigation had also arisen for partition of the deceased Dakshinamoorth's properties, this false complaint had been lodged and that Subramania Asari had no Just or lawful ground for instituting such proceedings or charge. Therefore he found the petitioner herein Subramania Asari guilty of an offence under Section 211, I. P. C., and sentenced him to R. I. for six months taking into consideration the following aggravating circumstances :
(3.) There was an appeal therefore in C. A. 239 of 1953 and the learned Sessions Judge, Salem, set aside the conviction and sentence and discharged the accused on the ground that inasmuch as the Sub-Magistrate had not recorded the sworn statement of Subramania Asari and had postponed the issue of process without recording reasons and forwarded the complaint to the Sub-Inspector and then as a result of the report made by the Sub-Inspector launched this prosecution the entire proceedings were illegal and void. In conclusion the learned sessions Judge also remarked :
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