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Queen Vs. Gur Baksh and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All193
AppellantQueen
RespondentGur Baksh and ors.
Excerpt:
act x of 1872, sections 467, 468, 469, 471 - proseention--procedure. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the cantonment board...........that be was not competent to adopt it. what that section does is only to authorize any court, civil or criminal, which is of opinion that there is sufficient ground for inquiring into any charge such as one under section 193, indian penal code, after making necessary preliminary inquiry, either to commit the case itself, or to send the ease for inquiry to any magistrate having power to try or commit for trial the accused person for the offence charged. this provision is very necessary for a court not having power to try the offence itself, as for instance a civil court, but does not necessarily deprive a magistrate of any power which he may possess to try the case himself. i therefore decline to interfere in the present case and reject this petition.
Judgment:

Pearson, J.

1. Section 471 of the Code does not expressly prohibit the procedure adopted by the Magistrate in this case, and unless it does so, it is not contended that be was not competent to adopt it. What that section does is only to authorize any Court, Civil or Criminal, which is of opinion that there is sufficient ground for inquiring into any charge such as one under Section 193, Indian Penal Code, after making necessary preliminary inquiry, either to commit the case itself, or to send the ease for inquiry to any Magistrate having power to try or commit for trial the accused person for the offence charged. This provision is very necessary for a Court not having power to try the offence itself, as for instance a Civil Court, but does not necessarily deprive a Magistrate of any power which he may possess to try the case himself. I therefore decline to interfere in the present case and reject this petition.


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