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When the proceedings have been instituted upon complaint, and on
any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully
compounded or is not a cognizable offence, the Magistrate may after giving thirty days’ time to the
complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time
before the charge has been framed, discharge the accused.
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