Ramanathan Chettiar (Second Accused), v. King-Emperor .

The question before us is in effect whether section 350(1)(a), Criminal Procedure Code, can be applied to proceedings in a warrant case, before charge has been framed. That is in effect whether at that stage the proceeding is not a trial, but merely an enquiry. The authorities, Narayanaswamy Naidu v. Emperor (1), Sriramulu v. Veerasalingam (2) and Venkatachinnayya v. King-Emperor (3), are in favour of the view that such a proceeding is merely an enquiry, and we see no reason for departure from this series of considered decisions, two of them given by a Pall Bench. There is therefore no legal objection to the Magistrate's order and the revision petition must be dismissed.

N.R