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Chockanada Gownden Vs. Salambura Gownden - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.132
AppellantChockanada Gownden
RespondentSalambura Gownden
Excerpt:
criminal procedure code (act v of 1898), section 495 - officer appointed to conduct prosecution--withdrawal of case by police inspector not specifically permitted to conduct the prosecution--acquittal of accused--illegality. - order1. we think the magistrate had no jurisdiction to acquit the accused at the instance of the acting inspector, aiya ayyer, seeing that it is not shown that that officer was permitted, under section 495 of the code of criminal procedure, to conduct the prosecution. all that he is shown to have done was to present himself before the magistrate and ask for the withdrawal of the case. we set aside the acquittal and direct the magistrate to dispose of the case according to law.
Judgment:
ORDER

1. We think the Magistrate had no jurisdiction to acquit the accused at the instance of the Acting Inspector, Aiya Ayyer, seeing that it is not shown that that officer was permitted, under Section 495 of the Code of Criminal Procedure, to conduct the prosecution. All that he is shown to have done was to present himself before the Magistrate and ask for the withdrawal of the case. We set aside the acquittal and direct the Magistrate to dispose of the case according to Law.


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