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Judgment
Jackson, J.—The procedure of the learned 2nd Presidency Magistrate cannot be supported. He dismissed a complaint and discharged the
accused which he is empowered to do u/s 370, Criminal P.C., without giving any reasons. But he elected to give as his reason that there was no
legal evidence. This was taken up on revision and on the face of the record the learned Presidency Magistrate is wrong and there is legal evidence,
the sworn statement of P.W. 3. But the Magistrate submits a report u/s 441, Criminal P.C., reiterating his statement that there is no legal evidence,
and recording for the first time that he disbelieves P.W. 3. This argues great confusion of mind because if the evidence of P.W. 3 requires judicial
consideration there evidently is legal evidence.
It seems obvious that at the time he discharged the accused the Magistrate never directed his mind to the credibility of P.W. 3, because he held
that there was no legal evidence.
His subsequent argument is not of much use; in fact Section 441, Criminal P.C., is not enacted to enable Presidency Magistrates to give fresh
reasons for their decisions contradictory to those already given; but to enable them to supply reasons where in exercise of their privilege u/s 370,
Criminal P.C., they have given no reasons at all. This petition must be allowed and further inquiry ordered. The discharge is cancelled.