High CourtsDivision Bench(1940) 08 MAD CK 0065

Manickavasaga Nadar vs K. Krishnaswami Iyer

Madras High Court · Decided on 9 August 1940 · Citation: AIR 1942 Mad 113

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

1 paragraphs · 70 words

Lakshmana Rao, J.—The order u/s 133, Criminal P.C. was not made absolute under Clause (1) of Section 139, Criminal P.C. and further proceedings had to be dropped as provided in Clause (2) of Section 139, Criminal P.C. Section 140, Criminal P.C. is therefore inapplicable and the order of the Sub-divisional Magistrate cannot be sustained. The revision petition is therefore allowed and the order of the Sub-divisional Magistrate is set aside.