Sheikh Kutab Ali vs Empress

Nobody appears for the Grown to show cause against this rule, and we think that, for the reasons given in the order of this Court, dated the 22nd March 1899, it must be made absolute. It appears that the Magistrate who held the trial had no opportunity of determining the question whether the complaint instituted by the complainant was true or false. But the Deputy Commissioner took upon himself to declare that it was false, and he thereupon ordered the prosecution of the complainant under sec. 211, I.P.C. We think that under these circumstances the order cannot be sustained. We may add that we make the rule absolute upon the simple ground that no final order has yet been made by the Magistrate in whose file the complaint was pending, and who alone had jurisdiction to make such order in the case.