1940 Supreme(Mad) 39

IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
Public Prosecutor
Versus
Salma Beevi
Decided On : 09.02.1940

The trial in the Sessions Court commences only after the charge is read over and the accused claims to be tried. A complaint by the Magistrate is not necessary for the prosecution of the respondent under Section 211, Penal Code.

Headnote:

Charge - Trial Commencement - Section 211, Penal Code

Fact of the Case:

The trial in the Sessions Court commences only after the charge is read over and the accused claims to be tried. The complaint of the respondent was referred by the police and she did not appear before the Magistrate.

Finding of the Court:

The preliminary objection that the proper remedy is an appeal against the order of the Assistant Sessions Judge cannot be upheld. The order of discharge is set aside and the Assistant Sessions Judge will proceed with the case in accordance with law.

Issues: Preliminary objection on the proper remedy, necessity of a complaint by the Magistrate for prosecution under Section 211, Penal Code

Ratio Decidendi: The trial in the Sessions Court commences only after the charge is read over and the accused claims to be tried. A complaint by the Magistrate is not necessary for the prosecution of the respondent under Section 211, Penal Code.

Final Decision: The order of discharge is set aside and the Assistant Sessions Judge will proceed with the case in accordance with law.