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Judgment
5 paragraphs · 100 words
1.
The complaint in this case was preferred by the present petitioner purporting to act in virtue of an express authorisation by the Municipal
Secretary to whom the powers of the Chairman u/s 280 District Municipalities Act are said to have been delegated u/s 39 A. It is clearly not
competent for the Municipal Council to withdraw the complaint and the complainant has not withdrawn it-
2.
We set aside the order of acquittal passed u/s 248 of the Criminal Procedure Code and direct the Magistrate to restore the case to his file and
dispose of it according to law.