RADHA KISSEN GOENKA Vs. FATEH CHAND BORAH

JUDGEMENT

(1.) WE make the Rule absolute in these terms: In our opinion, the learned Magistrate struck too early in deciding that, having regard to the provisions of Section 403, Criminal Procedure Code, the present prosecution could not be maintained. It is quite clear that the Magistrate ought not to have arrived at such a conclusion until he had an investigation of the facts put forward on behalf of the complainant. The order of the learned Magistrate must be set aside and the case remitted to his Court for being disposed of according to law.