V R ALEXANDER Vs. RWCONNOR

JUDGEMENT

(1.) IN this case, the procedure of the learned Magistrate in discharging the accused under Section 253, Criminal Procedure Code, in consequence of the absence of the complainant was not in accordance with law. Section 253 only provides for the discharge of an accused where the Magistrate finds that no case-has been made out or he considers the charge to be groundless. The discharge in the absence of the complainant can only be made under Section 259, Criminal Procedure Code, and then only in a case where the offence may be lawfully compounded. We must accordingly set aside the order of discharge and direct a further enquiry into the case. As on 8th December 1915 the learned Magistrate expressed a strong opinion with regard to the case, we direct that, the Chief Presidency Magistrate do transfer the case to some other Magistrate for trial.