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Emperor Vs. Ram Chandra - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1915)ILR37All127
AppellantEmperor
RespondentRam Chandra
Excerpt:
criminal procedure code, section 345 - compounding offence --revision--powers of high court--court not competent to allow composition in revision. - .....with the leave of the court before which the appeal is to be heard, but in it there is no mention of cases which come up on revision, and similarly there is no provision made in section 439 of the coda as to applying the powers granted in section 345 to cases in revision. the recommendation of the judge, therefore, cannot be accepted. the accused person must submit to arrest and complete the sentence imposed upon him when he was convicted.3. let the record be returned.
Judgment:

Goerge Knox, J.

1. The learned Judge in making this reference appears to have overlooked the provisions of Clause (7) of Section 845 of the Code of Criminal Procedure. This forbids the composition of an offence being accepted except as provided by Section 345.

2. Section 345 specially allows a case in which an appeal is pending to be opened to composition with the leave of the court before which the appeal is to be heard, but in it there is no mention of cases which come up on revision, and similarly there is no provision made in Section 439 of the Coda as to applying the powers granted in Section 345 to cases in revision. The recommendation of the Judge, therefore, cannot be accepted. The accused person must submit to arrest and complete the sentence imposed upon him when he was convicted.

3. Let the record be returned.


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