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Judgment
Sen, J.
In view of the opinion of the Division Bench on the questions raised by me, the proceedings before the Magistrate were not according to law and the trial has been vitiated. As a wrong procedure has been followed.
The only question therefore now before me is whether a re-trial of the applicant Sardarkhan should be ordered, as quashing of the proceedings means there has been no trial at all. The applicant Sardarkhan who was convicted has already undergone imprisonment for about a month. It will not be proper therefore to send the accused again for a trial. It is always unfair both to the prosecution and to the accused to order a trial after a long time, specially in respect of a case in which much depends on the oral testimony. I, therefore, do not order any re-trial in this case and acquit the applicant of the offences charged against him. If the applicant had paid fine it may be refunded to him.
The result is the revision petition is allowed and the applicant is acquitted.