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Emperor Vs. Narain - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1919)ILR61All452
AppellantEmperor
RespondentNarain
Excerpt:
criminal procedure code, section 188 - act no. xlv of 1860 (indian penal code), section 363--kidnapping from lawful guardianship--offence committed outside british territory--jurisdiction--certificate of political agent. - - 1. after perusal of the order of reference made by the sessions judge i am satisfied that this is a case in which the order of commitment should be quashed on a point of law.lindsay, j.1. after perusal of the order of reference made by the sessions judge i am satisfied that this is a case in which the order of commitment should be quashed on a point of law. the absence of the certificate of the political agent as required by section 188 of the code of criminal procedure is in this instance an absolute bar to the trial of this case. see queen-empress v. ram sundar (1896) i.l.r., 19 all., 109. i quash the commitment proceedings accordingly.
Judgment:

Lindsay, J.

1. After perusal of the order of reference made by the Sessions Judge I am satisfied that this is a case in which the order of commitment should be quashed on a point of law. The absence of the certificate of the Political Agent as required by Section 188 of the Code of Criminal Procedure is in this instance an absolute bar to the trial of this case. See Queen-Empress v. Ram Sundar (1896) I.L.R., 19 All., 109. I quash the commitment proceedings accordingly.


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