EMPEROR Vs. BAI MAHALAXMI

JUDGEMENT

(1.) This application arises out of a complaint made by one Kanaiyalal against two persons, Bai Mahalaxmi and Shankarlal. He charged these two persons under Section 477 of the Indian Penal Code and alleged that a certain page containing two khatas of the accused in an account-book of his was torn and burnt by Bai Mahalaxmi in the presence of Shankarlal when he had gone with his account-book to demand money which was due by these persons to him.

(2.) The proceedings before the Magistrate were under Chapter XVIII of the Criminal Procedure Code, the offence charged being exclusively triable by a Court of Session. The Magistrate did not issue any process against Shankarlal, but examined him as a witness in the course of the inquiry before him. After recording the evidence which the complainant adduced, the learned Magistrate discharged the accused, Bai Mahalaxmi, on the ground that in his opinion the evidence was very interested and unreliable and that he did not at all believe it.

(3.) Against this order of discharge there was an application by way of revision to the Court of Session by the complainant. On this application the learned Sessions Judge has set aside the order of discharge and remanded the case to the Magistrate with instructions to commit. It is this order of the Sessions Judge that is now sought to be revised.