S PARAMANANDA NADAR Vs. KARUNAKARA DOSS

JUDGEMENT

(1.) THE complaint in this case was preferred by the present petitioner purporting to act in virtue of an express authorisation by the Municipal Secretary to whom the powers of the Chairman under Section 280 District Municipalities Act are said to have been delegated under Section 39 A. It is clearly not competent for the Municipal Council to withdraw the complaint and the complainant has not withdrawn it-

(2.) WE set aside the order of acquittal passed under Section 248 of the Criminal Procedure Code and direct the Magistrate to restore the case to his file and dispose of it according to law.