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In Re: the Sessions Judge of South Arcot - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.802
AppellantIn Re: the Sessions Judge of South Arcot
Excerpt:
criminal procedure code (act v of 1898), sections 188, 215 - certificate by political agent commitment--charge not mentioned in the certificate. - - the order of commitment is good not with standing it is an order of commitment on a charge which is not specified in the certificate.order1. the political agent under section 188 of the criminal procedure code certified that the offence which the accused was alleged to have committed out of british india was one which ought to be inquired into in british india. he did not, as the sessions judge assumes, sanction a prosecution for an offence under certain specified sections of the penal code.2.the charge upon which the accused has been committed is in connection with the offence which the accused is alleged to have committed out of india in respect of the prosecution of which the political agent granted his certificate. the order of commitment is good not with standing it is an order of commitment on a charge which is not specified in the certificate.3. we, therefore, decline to interfere.
Judgment:
ORDER

1. The Political Agent under Section 188 of the Criminal Procedure Code certified that the offence which the accused was alleged to have committed out of British India was one which ought to be inquired into in British India. He did not, as the Sessions Judge assumes, sanction a prosecution for an offence under certain specified sections of the Penal Code.

2.The charge upon which the accused has been committed is in connection with the offence which the accused is alleged to have committed out of India in respect of the prosecution of which the Political Agent granted his certificate. The order of commitment is good not with standing it is an order of commitment on a charge which is not specified in the certificate.

3. We, therefore, decline to interfere.


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