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In Re: K.S. Imam Sahib - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Case NumberCriminal Revn. Case No. 123 and Cri. Revn. Petn. No. 122 of 1951
Judge
Reported inAIR1954Mad86; (1952)IIMLJ185
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 233
AppellantIn Re: K.S. Imam Sahib
Advocates:G. Gopalaswami, Adv.;Public Prosecutor
Cases ReferredLakshmana Mudaliar v. Emperor
Excerpt:
- .....are of a trivial nature, i do not think that ends of justice require that the petitioners should undergo three separate trials hereafter. in this view i quash the further proceedings in the.....
Judgment:
ORDER

Somsundaram, J.

1. Pakenham Walsh J. has held in --'Lakshmana Mudaliar v. Emperor' : AIR1932Mad497 , following -- 'Up'endranath Bis-was v. Emperor', AIR 1914 Cal 603 (B) that the provision of Section 233, Criminal P. C., applies to summons cases also. I agree with the view that the principle governing charges in war-rant cases is equally applicable to summons leases. The lower appellate Court was, there-fore, justified in holding that the trial in this case is vitiated by misjoinder. But considering the facts that these offences were committed in or about May 1950 and as the offences themselves are of a trivial nature, I do not think that ends of justice require that the petitioners should undergo three separate trials hereafter. In this view I quash the further proceedings in the case.


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