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Desraj Singh Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported inAIR1919All174; 52Ind.Cas.672
AppellantDesraj Singh
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), sections 110, 437 - enquiry under section 110--further inquiry, whether can be directed--district magistrate, power of. - .....had been discharged by a magistrate of the first class in an enquiry under section 110 of the code of criminal procedure. the district magistrate of mainpuri ordered a further enquiry under section 437. against that order desraj has applied in revision to this court. in khargav. emperor 22 ind. cas. 183 : 12 a.l.j. 167 : 15 cr. l.j. 39 : 36 a.147 a divisional bench of this court has held that a district magistrate has jurisdiction to direct further enquiry in a case where a person has been discharged in an enquiry under section 110 of the code of criminal procedure. i am bound by that ruling and, therefore, have to hold that the district magistrate had jurisdiction to pass the order which is attacked in this revision. the only question that remains is whether he was justified, in.....
Judgment:

Wallach, J.

1. The applicant, Desraj, had been discharged by a Magistrate of the First Class in an enquiry under Section 110 of the Code of Criminal Procedure. The District Magistrate of Mainpuri ordered a further enquiry under Section 437. Against that order Desraj has applied in revision to this Court. In Khargav. Emperor 22 Ind. Cas. 183 : 12 A.L.J. 167 : 15 Cr. L.J. 39 : 36 A.147 a Divisional Bench of this Court has held that a District Magistrate has jurisdiction to direct further enquiry in a case where a person has been discharged in an enquiry under Section 110 of the Code of Criminal Procedure. I am bound by that ruling and, therefore, have to hold that the District Magistrate had jurisdiction to pass the order which is attacked in this revision. The only question that remains is whether he was justified, in the exercise of his jurisdiction, in ordering a further enquiry. I am not prepared to tie the Magistrate's hands, and to hold that be was not justified in passing the order and, therefore, reject this application.


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