V. R. Alexander vs R. W. Connor - 1916 Supreme(Cal) 315

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1916 Supreme(Cal) 315

WALMSLEY, CHITTY
V. R. Alexander – Appellant
Versus
R. W. Connor – Respondent

JUDGMENT

1. In this case, the procedure of the learned Magistrate in discharging the accused u/s 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 u/s 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.

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