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K.M. Chinnasawmy Iyer Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.876
AppellantK.M. Chinnasawmy Iyer
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), sections 435 and 439 - administrative circular of a district magistrate--prohibiting, uncertificated pleaders from practising in the criminal courts of the district--procedure for aggrieved party. - order1. the petitioner asks for orders directing the district magistrate to withdraw a certain circular issued by him to the sub-magistrates in his district.2. the matter is not one for judicial adjudication. it is an administrative matter. the petitioner alleges that in consequence of the circular the sub-magistrate of erode refused to allow him to appear in a particular case, but he has not asked for the revision of the order of the sub-magistrate. if he has been injuriously affected by an illegal or improper order of the sub-magistrate, it is open to him to seek a remedy by an appropriate application. we, therefore, dismiss the. petition.
Judgment:
ORDER

1. The petitioner asks for orders directing the District Magistrate to withdraw a certain Circular issued by him to the Sub-Magistrates in his District.

2. The matter is not one for judicial adjudication. It is an administrative matter. The petitioner alleges that in consequence of the Circular the Sub-Magistrate of Erode refused to allow him to appear in a particular case, but he has not asked for the revision of the order of the Sub-Magistrate. If he has been injuriously affected by an illegal or improper order of the Sub-Magistrate, it is open to him to seek a remedy by an appropriate application. We, therefore, dismiss the. petition.


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