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Judgment
Jackson, J.—Petitioner was discharged because of complainant''s absence. The complaint was then taken up again and the trial proceeded
and it is urged that this was illegal. If a Magistrate discharges an accused because of the non-appearance of the complainant u/s 259, Code of
Criminal Procedure, and subsequently excuses that non-appearance he must proceed de novo. None of the evidence recorded in the first can be
carried over to the second case.
In this case no evidence had been recorded. The Magistrate was asked to proceed de novo, and his only irregularity lay in his failing to take a
sworn statement. I cannot see that accused was prejudiced by this irregularity and dismiss the petition.