KANHEI PRADHAN Vs. BASANTI KHATI

JUDGEMENT

(1.) AN order under Section 249 Criminal Procedure Code discharging the accused of an offence under Section 493 I. P. C. is under challenge in this revision.

(2.) A complaint had been filed by the opposite party against the petitioner for an offence under Section 493 I. P. C. On 8 -2 -79 the complainant was absent and a petition for adjournment was filed on her behalf. The learned Chief Judicial Magistrate before whom the case was pending trial, rejected the petition for adjournment and since the case was a non -cognizable one, he discharged the accused in exercise of his powers under Section 249. Criminal Procedure Code An application in revision against that order was filed before the learned Sessions Judge of Sundargarh who set aside the order of discharge on the around that the offence under Section 493 I. P. C. being non -compoundable, the provisions of Section 249 Criminal Procedure Code were not attracted. Aggrieved by the order of the learned Sessions Judge, the petitioner -accused has come up in revision.

(3.) SECTION 249 Criminal Procedure Code reads as follows : -