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Ram Ratan Vs. Emperor Through B. Shiva Shankar Sharma - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1921All286(1); 60Ind.Cas.1007
AppellantRam Ratan
RespondentEmperor Through B. Shiva Shankar Sharma
Excerpt:
criminal procedure code (act v of 1898), sections 190(1)(c), 191 - magistrate taking cognizance of case under section 190(1)(c)--failure to comply with procedure laid down in section 191, effect of. - u.p. zamindari abolition & lands reforms act, 1951 [act no. 1/1951]. section 3(4) & u.p. land revenue act, (3 of 1901). sections 14-a (3) & 14; [s.rafat alam, r.k.agarwal & ashok bhushan, jj] expression collector- held, it includes additional collector. powers and functions of collector can be exercised by additional collector under section 198(4) of 1950 act, provided he has been so directed by collector of the district. [1996 aihc 3628 overruled].1. it is clear that the cantonment magistrate took cognizance of this case under sub-section (1), clause (c) of section 190 of the code of criminal procedure. he was, therefore, bound under the provisions of section 191 to inform the accused before any evidence was recorded that he was entitled to have the case tried by another court. this was not done in the present case and, therefore, the proceedings before the cantonment magistrate were illegal. i accordingly set aside the conviction and sentence and direct that the accused be re-tried by another magistrate to whom the magistrate of the district may refer the case for trial.
Judgment:

1. It is clear that the Cantonment Magistrate took cognizance of this case under Sub-section (1), Clause (c) of Section 190 of the Code of Criminal Procedure. He was, therefore, bound under the provisions of Section 191 to inform the accused before any evidence was recorded that he was entitled to have the case tried by another Court. This was not done in the present case and, therefore, the proceedings before the Cantonment Magistrate were illegal. I accordingly set aside the conviction and sentence and direct that the accused be re-tried by another Magistrate to whom the Magistrate of the District may refer the case for trial.


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