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Tota Ram Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in1Ind.Cas.220
AppellantTota Ram
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), sections 195 and 476 - offences committed in suit before assistant collector--prosecution directed by district magistrate--illegality. - aikman, j.1. this is an application for the revision of an order of the district magistrate of dehra dun, directing the prosecution of the applicant for offences under sections 193, 465 and 471 of the indian penal code. the offences are alleged to have been committed by the applicant as plaintiff in a suit for profits brought under the provisions of the tenancy act in the court of an assistant collector of the first class. in my opinion the order of the district magistrate was entirely without jurisdiction and cannot be justified either under section 195 or 476 of the code of criminal procedure. i quash the order of the district magistrate dated the 2nd of november 1908. any proceeding instituted against the applicant under that order must be dropped.
Judgment:

Aikman, J.

1. This is an application for the revision of an order of the District Magistrate of Dehra Dun, directing the prosecution of the applicant for offences under Sections 193, 465 and 471 of the Indian Penal Code. The offences are alleged to have been committed by the applicant as plaintiff in a suit for profits brought under the provisions of the Tenancy Act in the Court of an Assistant Collector of the first Class. In my opinion the order of the District Magistrate was entirely without jurisdiction and cannot be justified either under Section 195 or 476 of the Code of Criminal Procedure. I quash the order of the District Magistrate dated the 2nd of November 1908. Any proceeding instituted against the applicant under that order must be dropped.


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