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Judgment
2 paragraphs · 77 wordsMacpherson, J.—We think the Sessions Judge is right and that the order must be set aside. The record does not show, and the Magistrate in his explanation does not say, that the accused had an opportunity of entering upon his defence or of citing witnesses.
2.
It is, moreover, by no means clear that the accused knew whether the accusation which he bad to meet was one u/s 109 or Section 110 of the Criminal Procedure Code.