R MAHALINGAM Vs. G PADMAVATHI AND ANOTHER

JUDGEMENT

(1.) This Criminal Revision Petition is against the order of the learned III Metropolitan Magistrate, Saidapet, releasing the respondents-accused on probation of good conduct under S. 4(1) of the Probation of Offenders Act,

(2.) The petitioner it the private complainant who laid the private complaint before the learned III Metropolitan Magistrate, Saidapet, Madras, against the respondents-accused alleging an offence under S. 417, I.P.C. The learned Magistrate has found the respondents guilty of an offence under S. 417, I.P.C. but released them under the Probation of Offenders Act.

(3.) It is now contended that the learned Magistrate has not before passing the order under S. 4(1) of the Probation of Offenders Act, called for and considered the report of the Probation Officer and further that, in these circumstances of this case, it is not appropriate to invoke the provisions of the Probation of Offenders Act.