XAVIER Vs. VINCENT RAJ ALIAS MARIA VINCENT RAJ

JUDGEMENT

(1.) THESE two revisions are directed against the orders of discharge by the learned Judicial Magistrate, Padmanabhapuram, under Sec. 239 of Criminal Procedure Code in Criminal Miscellaneous Petition No. 5719 of 1991 and Calender Case No. 126 of 1991. As the learned. Judicial Magistrate, Padmanabhapuram allowed the petition to discharge the accused and the calender case also was ordered discharging the accused, these two revisions have been filed separately against the orders of the learned Judicial Magistrate.

(2.) THE respondents herein have been alleged for the commission of the offences under Secs. 323 and 325 on 31.7.1990 at 8.00 p.m. and though a complaint was launched in the Police Station Thakkalai, the Station Officer without registering the case sent the revision petitioner the victim to the hospital for treatment and the F.I.R. was registered only on 1.3.1991 THE accused who are the respondents herein filed a petition under Sec. 239 of the Criminal Procedure Code to discharge them on the ground that the allegations made against them are not true and there are no sufficient grounds to proceed against them. THE learned Judicial Magistrate after referring to the defects in that prosecution cases has ordered for the discharge of the accused.