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Emperor Vs. Babu Prasad and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported inAIR1918All415(2); (1918)ILR40All32; 42Ind.Cas.1000
AppellantEmperor
RespondentBabu Prasad and anr.
Excerpt:
criminal procedure code, section 478 - procedure--commitment made by munsif without following the procedure laid down in the section--commitment quashed. - banerji, j.1. the facts of this case are set forth in the referring order of the learned sessions judge and it is unnecessary to repeat them. it is clear that the procedure adopted by the munsif in committing the case to the court of session was irregular and illegal. i agree with the view of the learned sessions judge and quash the commitment. i direct that the record be sent to the district magistrate with the request that he himself or by a competent subordinate magistrate do hold an inquiry into the matter and commit the case to the court of session, if necessary. the case should be deemed to have been committed to the criminal court under section 476 of the code of criminal procedure.
Judgment:

Banerji, J.

1. The facts of this case are set forth in the referring order of the learned Sessions Judge and it is unnecessary to repeat them. It is clear that the procedure adopted by the Munsif in committing the case to the Court of Session was irregular and illegal. I agree with the view of the learned Sessions Judge and quash the commitment. I direct that the record be sent to the District Magistrate with the request that he himself or by a competent subordinate Magistrate do hold an inquiry into the matter and commit the case to the Court of Session, if necessary. The case should be deemed to have been committed to the Criminal Court under Section 476 of the Code of Criminal Procedure.


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