Skip to content


Emperor Vs. Aditram Miratram and Hussan Latif - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision Nos. 171 and 171 A of 1907
Judge
Reported in(1907)9BOMLR1160
AppellantEmperor
RespondentAditram Miratram and Hussan Latif
Excerpt:
criminal procedure code (act v of 1898), sections 476, 190, 195-presidency magistrate-magistrate first class-procedure.;a presidency magistrate does not fall within the definition of a magistrate of the first class as used in section 476 of the criminal procedure code, 1898.;where, therefore, a presidency magistrate has ground for inquiring into any offence referred to in section 195 of the criminal procedure code and committed before him or brought under his notice in the course of a judicial proceeding, the only course which he can adopt is either to commit the case to the sessions or have the complaint filed under section 190 read with the provisions of section 195 of the criminal procedure code, 1898. - order1. the court thinks that under section 476, criminal procedure code, the presidency magistrate does not fall within the definition of a magistrate of the first class and that the only-course which the presidency magistrate can adopt under the criminal procedure code in such a case is either to commit the case to the sessions or have the complaint filed under section 190 read with the provisions of section 195.2. the court discharges the rule leaving the presidency magistrate to deal with the case with reference to this decision.
Judgment:
ORDER

1. The Court thinks that under Section 476, Criminal Procedure Code, the Presidency Magistrate does not fall within the definition of a Magistrate of the First class and that the only-course which the Presidency Magistrate can adopt under the Criminal Procedure Code in such a case is either to commit the case to the Sessions or have the complaint filed under Section 190 read with the provisions of Section 195.

2. The Court discharges the rule leaving the Presidency Magistrate to deal with the case with reference to this decision.


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