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Emperor Vs. Ramchandra Ganesh Khadkikar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Revision No. 153 of 1932
Judge
Reported in(1932)34BOMLR1676
AppellantEmperor
RespondentRamchandra Ganesh Khadkikar
Excerpt:
emergency powers ordinance (ii of 1932), section 21-criminal procedure code (act v of 1898), section 32-offence under ordinance-trial by first glass magistrate-sentence-limit of sentence.;a magistrate of the first class acting as such, though invested with the powers of a special magistrate under the emergency powers ordinance, 1932, in trying a person for an offence made punishable by the ordinance, is not at liberty to puss a sentence beyond the powers given be him by section 32 of the criminal procedure code, 1898. - john beaumont, kt., c.j.1. the trial being by a first class magistrate, and not by a special magistrate, the fine of rs. 1,500 is in excess of the sum which he was entitled to impose. we must reduce the fine to the limit ofrs. 1,000. the sentence in default will remain.
Judgment:

John Beaumont, Kt., C.J.

1. The trial being by a First Class Magistrate, and not by a Special Magistrate, the fine of Rs. 1,500 is in excess of the sum which he was entitled to impose. We must reduce the fine to the limit ofRs. 1,000. The sentence in default will remain.


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