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Emperor Vs. Shettepa Satapa Mudenavar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case Number Criminal Reference No. 45 of 912
Judge
Reported in(1912)14BOMLR753
AppellantEmperor
RespondentShettepa Satapa Mudenavar
Excerpt:
.....magistrate having jurisdiction and exercising it in the preliminary enquiry, will not furnish a basis for an alternative charge of giving false evidence in a judicial proceeding.;queen-empress v. bharma (1886) i. l. r. 1 bom. 702, followed. - .....and 193 of the indian penal code. a statement so made and contradicted afterwards, before the magistrate having jurisdiction and exercising it in the preliminary enquiry, will not furnish a basis for an alternative charge of giving false evidence in a judicial proceeding.queen-empress v. bharma (1886) i. l. r. 1 bom. 702, followed.order 1. following the full bench ruling in queen-empress v. bharma ilr (1886) 11 bom. 702 the court reverses the conviction and sentence and directs that the accused be set at liberty.
Judgment:
A Third Class Magistrate not being empowered to commit for trial cannot deal judicially with any stage of the proceedings in a case exclusively triable by a Court of Session. Where the Magistrate records a statement under Section 164 of the Criminal Procedure Code in a case triable exclusively by a Court of Sessions the statement is not evidence in a stage of judicial proceeding within the meaning of Sections 191 and 193 of the Indian Penal Code. A statement so made and contradicted afterwards, before the Magistrate having jurisdiction and exercising it in the preliminary enquiry, will not furnish a basis for an alternative charge of giving false evidence in a judicial proceeding.

Queen-Empress v. Bharma (1886) I. L. R. 1 Bom. 702, followed.

Order

1. Following the Full Bench ruling in Queen-Empress v. Bharma ILR (1886) 11 Bom. 702 the Court reverses the conviction and sentence and directs that the accused be set at liberty.


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