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GYANENDRA KUMAR
Kashi Palam Nadar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Gyanendra Kumar, J. - Manna Lal complainant opposite-party had filed a complaint against Bishwanath and Kashi Palam Nadar under Secs. 406, 420 and 379 of the Indian Penal Code. The case was transferred to the court of Sri N. K. Gupta, Special Magistrate 1st Class, Kanpur who summoned the accused and recorded the statements of prosecution witnesses. The accused were examined on 17-7-1963. Both the parties filed their respective documentary evidence as well. However, after considering the evidence of the prosecution and the statements of the accused the trial Magistrate was of the opinion that there was no ground for presuming that the accused had committed the offence levelled against them, so he found that no case against the accused had been made out which could warrant their conviction. Accordingly by his order dated 7-8-1963 the Magistrate discharged the two accused Bishwanath and Kashi Palam Nadar of the offence mentioned in the complaint. This was evidently done under Sec. 253 of the Code of Criminal Procedure.
2. Being aggrieved against the aforesaid order of the trial Magistrate the complainant went up in revision to the learned Sessions Judge who allowed the same by
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