Skip to content


In Re: Manku Bala Patil - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Appealication for Revision No. of 1914
Judge
Reported inAIR1914Bom202(1); (1914)16BOMLR946
AppellantIn Re: Manku Bala Patil
Excerpt:
criminal procedure code (act v of 1898), section 476-court-district registrar.;a district registrar is not, a court within the meaning of section 476 of the criminal procedure code, 1898. - - that precisely the same practical result would be brought about by the presentation of a complaint of the offence to a magistrate who has jurisdiction to inquire into it or by the district registrar as a magistrate proceeding under sub-section (1) clause (c), of section 190 of the criminal procedure code......has no jurisdiction to make an order under section 476, because, as provided in section 195 of the criminal procedure code, the district registrar is not a 'court' and section 476 is so intimately connected with section 195 and is designed to serve a purpose so similar to that served by section 195 that we cannot doubt that what is declared not to be a ' court ' for the purpose of section 195 is also not a court for the purpose of section 476. we do not, however, interfere with the order for this reason; that precisely the same practical result would be brought about by the presentation of a complaint of the offence to a magistrate who has jurisdiction to inquire into it or by the district registrar as a magistrate proceeding under sub-section (1) clause (c), of section 190 of the.....
Judgment:

1. We desire to point out to the District Registrar in this case that he has no jurisdiction to make an order under Section 476, because, as provided in Section 195 of the Criminal Procedure Code, the District Registrar is not a 'Court' and Section 476 is so intimately connected with Section 195 and is designed to serve a purpose so similar to that served by Section 195 that we cannot doubt that what is declared not to be a ' Court ' for the purpose of Section 195 is also not a Court for the purpose of Section 476. We do not, however, interfere with the order for this reason; that precisely the same practical result would be brought about by the presentation of a complaint of the offence to a Magistrate who has jurisdiction to inquire into it or by the District Registrar as a Magistrate proceeding under Sub-section (1) Clause (c), of Section 190 of the Criminal Procedure Code.


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