Skip to content


In Re: Trimbak Balaji Mahajan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision Nos. 5 and 5A of 1906
Judge
Reported in(1906)8BOMLR587
AppellantIn Re: Trimbak Balaji Mahajan
Excerpt:
criminal procedure code (act v of 1893), section 416-tndian penal code (act xlv of i860), section 193- examination of accused on oath-perjury-sanction to prosecute.;a complaint was preferred against the petitioners for criminal breach of trust. the magistrate examined the complainant on oath in support of the allegations made in the plaint. he next examined the petitioners on oath, and being of opinion that they had perjured themselves, he granted, under section 476 of the criminal procedure code, a sanction to prosecute the petitioners.;that the magistrate was not justified in examining the petitioners on oath his proceedings were irregular and illegal and his order under section 476 of the criminal procedure code was ultra vires. - order1. in the first instance the petition of babu balakdas of the 24th september 1904 was not a complaint. having regard to the notice served by mr. artal, he treated it as a complaint in a criminal case. he was not justified in examining the present appellant petitioners. his proceedings are irregular and illegal and his order under section 476 of the criminal procedure code is ultra vires.2. the court accordingly sets aside the order passed in the cases of trimbak balaji and daso dhonddev.
Judgment:
ORDER

1. In the first instance the petition of Babu Balakdas of the 24th September 1904 was not a complaint. Having regard to the notice served by Mr. Artal, he treated it as a complaint in a criminal case. He was not justified in examining the present appellant petitioners. His proceedings are irregular and illegal and his order under Section 476 of the Criminal Procedure Code is ultra vires.

2. The Court accordingly sets aside the order passed in the cases of Trimbak Balaji and Daso Dhonddev.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //