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Queen-empress Vs. Shere Singh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in(1887)ILR9All362
AppellantQueen-empress
RespondentShere Singh
Excerpt:
practice - revision--criminal procedure code, sections 438, 439--reference by district magistrate of proceedings of sessions judge. - 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..........with an intimation that this court is of opinion that the method he has adopted of calling the attention of the court to the case is an inconvenient one, which, if it received sanction, might lead to difficulties and complications, and possible friction between district magistrates and judges. i think the practice to be followed in these matters should be for the magistrate, if he considers there has been a miscarriage of justice, to communicate with the public prosecutor as to the case in which he thinks it has occurred, and to invite his assistance to move the court with regard to it. this course will secure the twofold advantage (i) of enabling the magistrate to be well advised as to the propriety of a motion being made, and (ii) of ensuring that it will be laid before the court.....
Judgment:

Straight, J.

1. Without in the least degree expressing any opinion upon the views enunciated by the District Magistrate in his referring letter with regard to the case of Shere Singh, I have, after consulting the learned Chief Justice on the matter, come to the conclusion that the Registrar should return the reference to the Magistrate, with an intimation that this Court is of opinion that the method he has adopted of calling the attention of the Court to the case is an inconvenient one, which, if it received sanction, might lead to difficulties and complications, and possible friction between District Magistrates and Judges. I think the practice to be followed in these matters should be for the Magistrate, if he considers there has been a miscarriage of justice, to communicate with the Public Prosecutor as to the case in which he thinks it has occurred, and to invite his assistance to move the Court with regard to it. This course will secure the twofold advantage (i) of enabling the Magistrate to be well advised as to the propriety of a motion being made, and (ii) of ensuring that it will be laid before the Court in its strongest aspects. Moreover, the Public Prosecutor will be able to communicate with the Judge whose decision is impeached, and thus at first-hand be in a position to lay before us all the materials which are ordinarily required by us before dealing with revision cases of this character.


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