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Queen-empress Vs. Venkatasami - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad131
AppellantQueen-empress
RespondentVenkatasami
Excerpt:
penal code, section 228 - insulting a magistrate--criminal procedure code, sections 1 195, 480 482--village munsif. - 1. we do not think the provisions of sections 480-482, criminal procedure code, apply to village magistrates (section 1, criminal procedure code).2. it is true that no complaint was made by the village munsif but that defect is covered by section 537, criminal procedure code. the second-class magistrate is of a grade competent to try the complaint, and the sentence was reduced to simple imprisonment on the appeal. the imprisonment has been undergone.3. there is nothing now to call for our interference. the petition is dismissed.
Judgment:

1. We do not think the provisions of Sections 480-482, Criminal Procedure Code, apply to Village Magistrates (Section 1, Criminal Procedure Code).

2. It is true that no complaint was made by the Village Munsif but that defect is covered by Section 537, Criminal Procedure Code. The Second-class Magistrate is of a grade competent to try the complaint, and the sentence was reduced to simple imprisonment on the appeal. The imprisonment has been undergone.

3. There is nothing now to call for our interference. The petition is dismissed.


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