Madras High Court
Kuttiyali vs Pari Makri And Ors. on 18 March, 1884
Equivalent citations: (1883)ILR 7MAD356
JUDGMENT Hutchins, J.
1. The only point raised in this case is that a Magistrate, before acquitting an accused person under Section 247 for the complainant's default of appearance, is bound to wait till his Court is about to close for the day. I can see no foundation for this contention. The case was called on at 1-30, and it is admitted that the complainant was not present. Thereupon, the Magistrate was bound by Section 247 to acquit the accused, "unless for some reason he thought proper to adjourn the hearing to some other day, "or to a later hour on the same day.
2. I see nothing illegal in his acquitting the accused at once, and accordingly decline to interfere.