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Emperor Vs. Musammat Kesar - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in92Ind.Cas.591
AppellantEmperor
RespondentMusammat Kesar
Cases ReferredEmperor v. Ghasite
Excerpt:
criminal procedure code (act v of 1898), section 562 - penal code (act xlv of 1860), section 309--attempt to commit suicide--release on security--revision--order, whether can be set aside. - daniels, j.1. for the reasons given by the district magistrate i accept this reference and substitute a sentence of fourteen days, simple imprisonment for the order under section 562 of the cr.p.c. passed by the court below. dr. vaish for the applicant has referred me to a ruling of the year 1914, emperor v. ghasite 26 ind. cas. 635 : 37 a. 31 : 12 a.l.j. 1244 : 16 cr.l.j. 43, in which it was held that the only procedure open to the high. court in such a case was to order a re-trial. the law has since been amended, and section 562, sub-section (3), empowers the high court in (he exercise of its powers of revision to set aside an order under section 562 and substitute a-sentence of imprisonment.
Judgment:

Daniels, J.

1. For the reasons given by the District Magistrate I accept this Reference and substitute a sentence of fourteen days, simple imprisonment for the order under Section 562 of the Cr.P.C. passed by the Court below. Dr. Vaish for the applicant has referred me to a ruling of the year 1914, Emperor v. Ghasite 26 Ind. Cas. 635 : 37 A. 31 : 12 A.L.J. 1244 : 16 Cr.L.J. 43, in which it was held that the only procedure open to the High. Court in such a case was to order a re-trial. The law has since been amended, and Section 562, Sub-section (3), empowers the High Court in (he exercise of its powers of revision to set aside an order under Section 562 and substitute a-sentence of imprisonment.


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