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Emperor Vs. Sakharam Pandu - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case Number Criminal Reference No. 43 of 1910
Judge
Reported in(1910)12BOMLR667
AppellantEmperor
RespondentSakharam Pandu
Excerpt:
criminal procedure code (act v of 1898), section 188-offence committed in a malice slate-certificate of the political agent.;the certificate of a political agent, required under section 188 of the criminal procedure code, 18q8, can be obtained after the complaint has been filed and inquiry has begun. - - having taken that, he found that the offence complained of appeared to have been committed within the limits o!.....in this case. section 532, on which the district magistrate relies, applies only to a commitment to a sessions court. we must, therefore, decline to interfere and direct the trial magistrate to deal with the case according to law.
Judgment:

1. This Court does not find any illegality or irregularity in the proceedings of the trial Magistrate. All he has done is to take some evidence for the complainant. Having taken that, he found that the offence complained of appeared to have been committed within the limits o! a Native State and therefore cognizable only under the conditions specified in the proviso to Section 188 of the Code of Criminal Procedure. That proviso requires that such an offence should not be inquired into without a certificate of the kind mentioned therein. There is nothing in the language of the proviso making illegal the obtaining of the certificate after the complaint has been filed and the inquiry has begun or been completed to the extent that has happened in this case. Section 532, on which the District Magistrate relies, applies only to a commitment to a Sessions Court. We must, therefore, decline to interfere and direct the trial Magistrate to deal with the case according to law.


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