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In Re: Pandurao Bhailal Desai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Revision Application No. 139 of 1932
Judge
Reported inAIR1932Bom686; (1932)34BOMLR1445
AppellantIn Re: Pandurao Bhailal Desai
Excerpt:
criminal procedure code (act v of 1893), section 648-judgment or order-copy- person 'affected by a judgment or order'-third person cannot obtain copies.; under section 549 of the criminal procedure code, 1898, a person 'affected by a judgment or order ' is alone entitled to its copy. any member of the public is not a person so affected and is not entitled to the copy. ;emperor v. ladli prasad zutshi (1931) i.l.r. 53 all. 724, dissented from. - .....act. the applicant desires to apply in revision as a third party and he suggests that he is a person affected by the order within s 548 of the criminal procedure code. the learned magistrate refused his application on the ground that the applicant was not a person affected by the order, and i entirely agree with the learned magistrate. mr. chhatrapati on behalf of the applicant in this court has referred us to the case of emperor v. ladli prasad zuishi i.l.r (1931) all. 724 and has contended that that case decides that any member of the public is a person affected by the judgment of a criminal court within section 548. i can only say that if that be the meaning of the decision, i should, with all respect to the learned judge who decided it, decline to follow it. it seems to me that.....
Judgment:

John Beaumont Kt., C.J.

1. The applicant who is the Secretary of the Gujarat Lawyers' Association applied to the Additional City Magistrate's Court, Ahmedabad, for certified copies of the depositions and statement of Dr. Kanuga in the case of Emperor v. Dr. Kanuga in which Dr. Kanuga was charged under Section 17(7) of the Criminal Law Amendment Act. The applicant desires to apply in revision as a third party and he suggests that he is a person affected by the order within s 548 of the Criminal Procedure Code. The learned Magistrate refused his application on the ground that the applicant was not a person affected by the order, and I entirely agree with the learned Magistrate. Mr. Chhatrapati on behalf of the applicant in this Court has referred us to the case of Emperor v. Ladli Prasad Zuishi I.L.R (1931) All. 724 and has contended that that case decides that any member of the public is a person affected by the judgment of a criminal Court within Section 548. I can only say that if that be the meaning of the decision, I should, with all respect to the learned Judge who decided it, decline to follow it. It seems to me that any such construction would give no meaning at all to the words 'affected by a judgment or order', and I am certainly not prepared to hold that those words have no meaning. The application must, therefore, be dismissed.

Nanavati, J.

2. I agree.


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