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Sri Krishna Sonar Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1923All193; 71Ind.Cas.368
AppellantSri Krishna Sonar
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 556 - sessions judge allowing prosecution of accused as insolvency judge--competency to hear appeal from conviction--knowledge of case. - walsh, j.1. in my opinion a sessions judge is not prohibited in law from hearing an appeal from a conviction by a magistrate in a case where, as an insolvency judge, on the application of a creditor, he allowed the prosecution to proceed. a judge may reasonably object to hearing such a case, if he remembers being acquainted with it before. there is nothing in this application for revision. it is dismissed. the applicant must surrender to his bail and serve out the rest of his sentence.
Judgment:

Walsh, J.

1. In my opinion a Sessions Judge is not prohibited in law from hearing an appeal from a conviction by a Magistrate in a case where, as an Insolvency Judge, on the application of a creditor, he allowed the prosecution to proceed. A Judge may reasonably object to hearing such a case, if he remembers being acquainted with it before. There is nothing in this application for revision. It is dismissed. The applicant must surrender to his bail and serve out the rest of his sentence.


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