MATHURA LAL Vs. HIRA

JUDGEMENT

(1.) THIS is a reference made by the District Magistrate Kotah which arises under the following circumstances.

(2.) MATHURALAL filed a complaint against Hira in the court of the Sub Divisional Magistrate, Kotah under sec. 326 read with sec. 511 of the Indian Penal Code and the complaint was transferred by that court to the court of the Extra Magistrate, Kotah. The Extra Magistrate, proceeded with the inquiry in this case in the manner provided in Chapter 21 of the Criminal Procedure Code taking the case to be a warrant case. After the evidence of the prosecution had been recorded, the Magistrate examined the accused and on the 24th of December, 1951, the Magistrate came to the finding that the case made out by the prosecution evidence was one under sec. 352 only and that the case under sec. 326 read with sec. 511 was not made out. On that day, the complainant was absent and the Magistrate dismissed the case for default under sec. 247 of the Criminal Procedure Code and acquitted the accused. A revision was filed against the said order of the Extra Magistrate in the court of the District Magistrate Kotah who had made this reference.