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Madras High Court
Namana Bhima Narasamma vs Surisetti Peda Venkatrayudu And … on 22 December, 1909
Equivalent citations: 9 Ind Cas 940
Author: Ayling
Bench: Ayling


Ayling, J.

1. The only ground on which Mr. Prakasam attacks the Magistrate’s order is that the Magistrate acted illegally in discharging the accused without examining all the prosecution witnesses. The second Clause of Section 253, Criminal Procedure Code, authorises him to do so, on recording his reasons, which he has done in this case. The only ruling quoted by Mr. Prakasam [Queen v. Parasurama Naikar 4 M. 329 was passed before the enactment of a Criminal Procedure Code containing such a provision. There is no ground for interference. The petition is dismissed.

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