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Judgment
The question referred to us is whether a Magistrate who has discharged an accused person u/s 259, Cr.P.C., can re-entertain a fresh complaint
on the same facts. The accused are not represented.
In Chinnathambi v. Salla Gurusawmi Chetty ILR (1904) M. 310 it was held by Sir Arnold White, C.J., sitting as a single Judge, that a
Magistrate has such a power. In Emperor v. Chinna Kaliappa Gounden ILR (1905) M. 126 the question for decision was whether it was
competent to a Magistrate after dismissing a complaint u/s 203 to re-hear the complaint when such order of dismissal has not been set aside by a
higher Court. The decision of the majority of the Full Bench was that a Magistrate had power to re-hear the complaint. It was further observed by
Sir Arnold White, C. J., that as regards the point which had been under consideration ho distinction could be drawn between an order u/s 203,
Cr.P.C., and an order u/s 253 or 259, Cr.P.C. With this observation we agree. We, therefore, answer the question referred to us in the
affirmative.