STATE OF NAGALAND Vs. TEMJEN JAMIR

JUDGEMENT

(1.) This revision is directed against the order dated 15.3.93 passed by the learned Judicial Magistrate First Class, Dimapur in G.R. Case No. 573/91 whereby, the learned Court below discharged the accused/respondent purportedly in exercise of power u/s 239 of the Cr. P.C.

(2.) From the order dated 26.7.94 it appears that Mr. K. Meruno, learned counsel who represented the respondent in this revision petition has been withdrawn from the case for non-cooperation of the respondent. This fact was brought to the notice of the respondent by a notice, dated 30th July 1994. Despite of issuance of notice, the respondent has not made any alternative arrangement to represent its case. However, looking into the facts and circumstances of the ease I propose to dispose of this revision petition on merit after perusing the records and materials available on record and after hearing Mr. I. Jamir, learned Public Prosecutor.

(3.) Section 239 of the Cr.P.C. empowers the Magistrate to discharge the accused in the event the learned Magistrate considers the charge against the accused to be groundless after recording his reasons for so doing (emphasis supplied). In the instant case, the learned Magistrate discharged the accused of an offence u/s 406/418/423 I.P.C, in exercise of the power conferred by Section 239 of the Cr.P.C. The order discharging the accused runs as under: