Madriyala George Solomon vs Rev. Ch. Luke And Anr. on 24 July, 1962
That is the view which has been taken in another case of this Court in Madriyala George Solomon v. Rev. Ch. Luke, 1962-2 Andh LT 348 = (1963 (1) Cri Lj 347). No case was brought to my notice which decides that after the accused is summoned and he appears, without recording any evidence as is visualised by Section 253 (1), the Magistrate can discharge the accused, in view of the language employed in Section 253(2) Cr. P. C. I am, therefore, satisfied that the learned Sessions Judge has not committed any error in directing enquiry in the present case. Admittedly, the complainant was not examined nor any evidence recorded. The learned Magistrate could not have, therefore, dismissed the complaint and discharged the accused at that stage.