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Judgment
8 paragraphs · 157 wordsInasmuch as the case was not disposed of u/s 203, Criminal Procedure Code, but summonses were issued to the complainant''s witnesses, the
Magistrate was not at liberty, as he assumes, to ""stop the case whenever he liked."" He was bound to examine the witnesses tendered by the
complainant before acquitting the accused. This the Magistrate admits he did not do.
We must, therefore, set aside the acquittal and order a retrial.
We observe that the Magistrate, though he issued summonses to the complainant''s witnesses, did not examine them, but acquitted the accused
on a consideration of the complainant''s statement alone. It is not clear why this unusual and illegal procedure was followed. Having regard to it and
to the fact that the Magistrate has formed a decided opinion in the case before hearing the evidence for the prosecution, we direct that the District
Magistrate do transfer the case for trial to some other Magistrate.