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NaraIn Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in50Ind.Cas.164
AppellantNarain
RespondentEmperor
Cases ReferredEmpress v. Ram Sundar
Excerpt:
criminal procedure code (act v of 1898), section 188 - penal code (act xlv of 1860), sections 363, 368--native state, offence committed in--jurisdiction of british courts--certificate of political agent, absence of, effect of--kidnapping, whether continuing offence. - - 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 19 a. 109 : a.w.n. (1896) 196 : 9 ind. dec. (n.s.) 71. 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 19 A. 109 : A.W.N. (1896) 196 : 9 Ind. Dec. (N.S.) 71. I quash the commitment proceedings accordingly.


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