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Emperor Vs. Chhaba Dolsang - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Review No. 259 of 1916
Judge
Reported inAIR1916Bom96; (1917)19BOMLR60
AppellantEmperor
RespondentChhaba Dolsang
Excerpt:
.....procedure code applies only to a case where a person is accused before a magistrate of any offence triable by a magistrate; and not to a case which is not triable by a magistrate but is triable exclusively by a court of session. - indian succession act (39 of 1925), section 63: [s.b. sinha & cyriac joseph, jj] will validity - deceased, was a very wealthy person - he floated several companies - he left behind his daughters, s and j - he was suffering from various diseases including some neurological ones - for his treatment, he used to frequently visit united states of america accompanied by his wife and daughter - by reason of a will, he is said to have bequeathed 50% of his property to s and 50% to j in a letter addressed to the 1st respondent, viz., s, he is purported to.....1. the rule must be made absolute and the order awarding compensation to the accused under section 250 must be set aside. the sum, if it has been paid, must be refunded.2. the reason is that section 250 of the criminal procedure code applies only to a case where a person is accused before a magistrate of any offence triable by a magistrate and here the person accused was accused of an offence under section 436 of the indian penal code which is not triable by a magistrate, but is triable exclusively by a court of session.
Judgment:

1. The rule must be made absolute and the order awarding compensation to the accused under Section 250 must be set aside. The sum, if it has been paid, must be refunded.

2. The reason is that Section 250 of the Criminal Procedure Code applies only to a case where a person is accused before a Magistrate of any offence triable by a Magistrate and here the person accused was accused of an offence under Section 436 of the Indian Penal Code which is not triable by a Magistrate, but is triable exclusively by a Court of Session.


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