CHOCKANADA GOWNDEN Vs. SALAMBURA GOWNDEN

JUDGEMENT

(1.) WE think the Magistrate had no jurisdiction to acquit the accused at the instance of the Acting Inspector, Aiya Ayyer, seeing that it is not shown that that officer was permitted, under Section 495 of the Criminal P. C., to conduct the prosecution. All that he is shown to have done was to present himself before the Magistrate and ask for the withdrawal of the case. WE set aside the acquittal and direct the Magistrate to dispose of the case according to Law.