Kerala Court October 1954 Judgments

T. Govindankutty Menon Vs. Thomas Chandy and ors.

Court: Kerala

Reported in: 1955CriLJ321

Vithayathil, J.1. The complainant in C. C. No. 41 of 1953 of the Second Class Magistrate's Court, Kanayanur, is . the revision petitioner. He is the Sanitary Inspector of the Ernakulam Municipality. The complaint relates to an offence Under Section 4 (1), Cochin Prevention of Food Adulteration Act, Act XIV of 1109. The case is that tea sold by the third accused in a shop conducted by accused 1 and 2 contained extraneous matter.After the examination of the prosecution witnesses and the defence witnesses the case was posted to 27-3-1954 for final hearing. On that day neither the complainant nor his advocate was present. The learned Magistrate dismissed the complaint Under Section 247, Criminal P. C, and acquitted the accused. The revision petition is from the order of acquittal.2. Two grounds were urged in this Revision petition. One is that there is no provision in the Criminal P. C, for adjourning a case for argument after taking the evidence of the complainant and the accused and that...