RAGHUNATH UPADIA Vs. EMPEROR

JUDGEMENT

(1.) I agree with the learned Sessions Judge. I set aside the Magistrate's order under Section 133 of the Criminal P. C.. If the District Magistrate thinks that further proceedings ought to be taken in the matter, he is at liberty to take such proceedings himself, or to send the case to any Magistrate of the first class subordinate to him, other than the Magistrate who passed the order now set aside. The proceedings may be taken up at the stage at which the present applicant filed their written statement of the 16 August, 1924.