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Queen-empress Vs. Bartlett - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1893)ILR16Mad308
AppellantQueen-empress
RespondentBartlett
Excerpt:
criminal procedure code, section 454 - european british subject--relinquishment of right to be dealt with as such british subject--trial by second-class magistrate. - 1. we are unable to accept the view of the district magistrate as to the interpretation of section 454, criminal procedure code, which must, we think, be read along with section 443. the second-class magistrate was disqualified to try the accused solely because the accused was a european british subject. when the accused appeared before the magistrate he relinquished his right to be dealt with as such british subject and therefore lost all the benefit of the special procedure laid down in chapter xxxiii. this is the view taken of the law by both the calcutta and bombay high courts, and we think it is the proper construction to be put upon sections 443 and 454.2. we decline to interfere.
Judgment:

1. We are unable to accept the view of the District Magistrate as to the interpretation of Section 454, Criminal Procedure Code, which must, we think, be read along with Section 443. The Second-Class Magistrate was disqualified to try the accused solely because the accused was a European British subject. When the accused appeared before the Magistrate he relinquished his right to be dealt with as such British subject and therefore lost all the benefit of the special procedure laid down in chapter XXXIII. This is the view taken of the law by both the Calcutta and Bombay High Courts, and we think it is the proper construction to be put upon Sections 443 and 454.

2. We decline to interfere.


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