ORDER :- This criminal revision case has been filed against the order of discharge made by the learned Sub-Divisional Magistrate of Cheyyar in C.C. No. 493 of 1951 and which was refused to be interfered with by the District Magistrate of Vellore in C.R.P. No. 5 of 1952.

2. The facts are : C.C. No. 1647 of 1951 was filed before the Sub-Magistrate, Polur, for offences under Ss. 324 and 323, Penal Code, by Ayestia Bee, wife of Kasim Saheb, Chinnapushpagiri village, Polur Taluk, against Peerkhan Sahib, Fathima Bee and Chote Bee, all residing in Chinnapushpagiri village, Polur Taluk. It is unnecessary for us to go into the details of that case. So far as the present case is concerned, what happened was this. On this Ayesha Bee, the complainant, being examined as a prosecution witness, the accused who were defended by Mr. V.M. Sundaresa Aiyar, Advocate, Vellore put questions to this witness containing per se defamatory imputations to the following effects viz.,

(a) that the complainant WRP in criminal and illicit sexual intimacy with one Aziz Khan, husband of accused 2 in that case;

(b) that the complainant was taken to Vellore and kept there by the said Aziz Khan in pursuance of s