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Narayanaswami Naidu Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1906)ILR29Mad567
AppellantNarayanaswami Naidu
RespondentEmperor
Cases ReferredEmperor v. Birch I.L.R.
Excerpt:
criminal procedure code - act v of 1898, section 562--power conferred by section not confined to courts of first instance. - 1. we do not think it was the intention of the legislature by the use of the words 'court before whom he is convicted' in section 562, criminal procedure code, to limit the power of making orders under that section to the court of first instance, the proviso to the section appears to us inconsistent with the view that this was the intention of the legislature.2. we agree with the decision in emperor v. birch i.l.r. 24 all. 306.
Judgment:

1. We do not think it was the intention of the Legislature by the use of the words 'Court before whom he is convicted' in Section 562, Criminal Procedure Code, to limit the power of making orders under that Section to the Court of First Instance, The proviso to the Section appears to us inconsistent with the view that this was the intention of the Legislature.

2. We agree with the decision in Emperor v. Birch I.L.R. 24 All. 306.


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