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CALCUTTA HIGH COURT
Walmsley, J., Chitty, J.
V.R. Alexander - Appellant
Versus
R.W. Connor & Ors. - Respondent
Decided On : 18-02-1916
Criminal Procedure - Discharge of Accused - Sections 253 and 259 CrPC
Fact of the Case:
The case involves the procedure adopted by the learned Magistrate in discharging the accused under Section 253 of the Criminal Procedure Code (CrPC) due to the absence of the complainant.
Finding of the Court:
The court found that the discharge of the accused under Section 253 CrPC in the absence of the complainant was not in accordance with the law. The discharge can only be made under Section 259 CrPC, and that too only in cases where the offence may be lawfully compounded.
Issues: Whether the discharge of the accused by the Magistrate under Section 253 CrPC in the absence of the complainant was in accordance with the law.
Ratio Decidendi: The discharge of the accused under Section 253 CrPC can only be made if the Magistrate finds that no case has been made out or considers the charge to be groundless. The discharge in the absence of the complainant can only be made under Section 259 CrPC, and then only in a case where the offence may be lawfully compounded.
Final Decision: The court set aside the order of discharge and directed a further inquiry into the case. The court also directed the Chief Presidency Magistrate to transfer the case to some other Magistrate for trial, as the learned Magistrate had expressed a strong opinion regarding the case on 8th December 1915.
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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