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Korapulu Vs. Monappa and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1882)ILR5Mad160
AppellantKorapulu
RespondentMonappa and ors.
Excerpt:
criminal procedure code, sections 205-361. - charles a. turner, kt., c.j. and kernan, j.1. the provisions of section 205 of the code of criminal procedure, 1872, are inapplicable as is pointed out by the referring officer. when the complainant is required to pay fees for summoning witnesses under section 361, and fails to do so, the magistrate must deal with the case on such evidence as he may have before him. we set aside the order under section 205, and direct the magistrate to fix a date and dispose of the case accordingly.
Judgment:

Charles A. Turner, Kt., C.J. and Kernan, J.

1. The provisions of Section 205 of the Code of Criminal Procedure, 1872, are inapplicable as is pointed out by the referring officer. When the complainant is required to pay fees for summoning witnesses under Section 361, and fails to do so, the Magistrate must deal with the case on such evidence as he may have before him. We set aside the order under Section 205, and direct the Magistrate to fix a date and dispose of the case accordingly.


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