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In Re: Kuppini Naicken - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in155Ind.Cas.694; (1935)68MLJ493
AppellantIn Re: Kuppini Naicken
Excerpt:
- pandrang row, j.1. i concur in the view of the district magistrate that a second class magistrate is not competent to pass a sentence of imprisonment for breach of an order under section 488 of the code of criminal procedure directing payment of maintenance. even assuming that the words ' any magistrate ' in section 490 of the code of criminal procedure have not been used with reference to the class of magisirates referred to in sections 488 and 489 of the code of criminal procedure the power to enforce an order of maintenance does not necessarily include the power to sentence the person against whom it was passed to imprisonment. the order of the second class magistrate, coimbatore, dated 8th december, 1933, is therefore set aside.
Judgment:

Pandrang Row, J.

1. I concur in the view of the District Magistrate that a Second Class Magistrate is not competent to pass a sentence of imprisonment for breach of an order under Section 488 of the Code of Criminal Procedure directing payment of maintenance. Even assuming that the words ' any Magistrate ' in Section 490 of the Code of Criminal Procedure have not been used with reference to the class of Magisirates referred to in Sections 488 and 489 of the Code of Criminal Procedure the power to enforce an order of maintenance does not necessarily include the power to sentence the person against whom it was passed to imprisonment. The order of the Second Class Magistrate, Coimbatore, dated 8th December, 1933, is therefore set aside.


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