EMPEROR Vs. VARADARAJULU NAIDU

JUDGEMENT

(1.) IT was not open to the Magistrate to refuse to examine the complainant and the witnesses produced by her and the acquittal of the accused under Section 245, Criminal Procedure Code, without recording any evidence is clearly illegal. IT cannot therefore be upheld and the recommendation of the Sessions Judge who has referred the case to this Court on the application of the complainant is accepted. The order of acquittal is therefore set aside and the complaint should be inquired into by such other Magistrate as the District Magistrate of Tanjore may direct.