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Emperor Vs. Kale - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1923)ILR45All143; 74Ind.Cas.270
AppellantEmperor
RespondentKale
Excerpt:
criminal procedure code (act v of 1898), section 369 - review--revision--order passed by one judge, whether can be revised by another judge. - stuart, j.1. this is an application from the sessions judge of meerut requesting me to set aside a conviction passed by his predecessor and affirmed by piggott, j., in appeal, on the ground that on certain materials that have since come to the knowledge of the district magistrate there is a doubt of the convict's guilt.2. this is not a matter which i can possibly take up in revision. even if i myself had passed the order dismissing the appeal i could not revise it and i certainly cannot revise the order of another judge of this court. there can be no revision in the matter.3. i return the record to the district magistrate in order that he may refer the matter to the local government who, have power under chapter xxix of the code of criminal procedure.
Judgment:

Stuart, J.

1. This is an application from the Sessions Judge of Meerut requesting me to set aside a conviction passed by his predecessor and affirmed by Piggott, J., in appeal, on the ground that on certain materials that have since come to the knowledge of the District Magistrate there is a doubt of the convict's guilt.

2. This is not a matter which I can possibly take up in revision. Even if I myself had passed the order dismissing the appeal I could not revise it and I certainly cannot revise the order of another Judge of this Court. There can be no revision in the matter.

3. I return the record to the District Magistrate in order that he may refer the matter to the Local Government who, have power under Chapter XXIX of the Code of Criminal Procedure.


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