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Khub Chand Vs. King-emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Reported inAIR1927All791
AppellantKhub Chand
RespondentKing-emperor
Excerpt:
- .....he was however, competent, according to his powers, to try a charge under section 182, i.p.c. the learned sessions judge has pointed out that this irregularity is excused by the provisions of section 529(e), criminal p.c. on behalf of the applicant my attention was drawn to a judgment of this court in the case of kunj bihari lal v. lanua a.i.r. 1921. all. 123, in which it was held that under section 12, criminal p.c., only the magistrate to whom the district magistrate has allotted a particular area could take cognizance of offences committed in that area. there, however, the question did not arise as to what was to happen when a magistrate, not having jurisdiction, tried a charge. in my opinion the section quoted by the learned sessions judge applies. i do not think that the sentence.....
Judgment:

Dalal, J.

1. The point of law urged in this application for revision is that the Magistrate who tried the case had not jurisdiction to do so. The offence was not committed, within the circle of the jurisdiction of the Magistrate. He was however, competent, according to his powers, to try a charge under Section 182, I.P.C. The learned Sessions Judge has pointed out that this irregularity is excused by the provisions of Section 529(e), Criminal P.C. On behalf of the applicant my attention was drawn to a judgment of this Court in the case of Kunj Bihari Lal v. Lanua A.I.R. 1921. All. 123, in which it was held that under Section 12, Criminal P.C., only the Magistrate to whom the District Magistrate has allotted a particular area could take cognizance of offences committed in that area. There, however, the question did not arise as to what was to happen when a Magistrate, not having jurisdiction, tried a charge. In my opinion the section quoted by the learned Sessions Judge applies. I do not think that the sentence is severe, and dismiss this application.


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