1. The complainant in Calendar Case 126 of 1961 has filed this revision petition to quash the order of the District Magistrate of Quilon discharging the accused under S.253 (2), Cr. P. C. The complaint was for an offence of defamation under S.500 and 501 of the Penal Code, the allegation being that the accused had defamed him by publishing false imputations against him in the issue of the Malayalam paper 'Kaumudi', dated 24th September 1960. After the sworn statement was taken, the complaint was taken on file and process was issued to the accused. The case then underwent a number of adjournments as the complainant did not appear in court for his examination. Finally the case stood posted for hearing to 16th March 1962, on which date also the complainant absented himself. Witnesses were also not present. Adjournment was asked for but the learned Magistrate came to the conclusion that there was no reasonable cause for the absence of the complainant and discharged the accused under S.253 (2) on the ground that the charge levelled against the accused was groundless. It is the legality of this order that is questioned in this revision petition.

2. S.252 of the Criminal Proced