ORDER : - These are two connected matters for (a) setting aside the order made by the learned District Magistrate (Judicial) Salem in C.A. No.71 of 1954 dismissing an appeal sought to be preferred in his court on the ground of limitation; and (b) for quashing the proceedings in C.C. 149 of 1954 on the file of the Sub-divisional Magistrate, Dharmapuri.

2. The facts are : The petitioner herein Subramania Asari, Kammala Street, Dharmapuri, presented a typed complaint before the Sub-Magistrate, Dharmapuri, to the effect that his widowed daughter-in-law Sukirtham alias Manonmani Ammal who was living away from her husband for three years prior to his death on 27-1-1952 had become pregnant and had brought about a miscarriage and secretly buried the foetus ten days prior to the filing of the complaint. The father of this girl was accused of having abetted the commission of these offences. The Sub-Magistrate of Dharmapuri without recording the sworn statement of this complainant and without recording his reasons for postponing the issue of process and causing an investigation to be made by the Police forwarded it to the Sub-Inspector of Police, Dharmapuri, for investigation. The pol