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Bandalapalli Pedda Bangappah and ors. Vs. Moka Subbarayadu - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1128a
AppellantBandalapalli Pedda Bangappah and ors.
RespondentMoka Subbarayadu
Cases ReferredKamal Narain Addikari v. Raja Jotindra Mohun Roy
Excerpt:
criminal procedure code (act v of 1898), sections 144 and 435(3) - interference with order of magistrate having jurisdiction--revision. - - whether the order made was or was not the best that could have been made is not a question which i have to consider.ordermiller, j.1. i think i ought not to interfere with the orders passed by the district magistrate and the second class magistrate in this case. 2. the magistrates had, in my opinion, jurisdiction to make the orders in case of need and the case of kamal narain addikari v. raja jotindra mohun roy 8 c.w.n. 376 relied on by mr. osborne is not when examined an authority against this jurisdiction. whether the order made was or was not the best that could have been made is not a question which i have to consider.3. i dismiss the petitions.
Judgment:
ORDER

Miller, J.

1. I think I ought not to interfere with the orders passed by the District Magistrate and the second class Magistrate in this case.

2. The Magistrates had, in my opinion, jurisdiction to make the orders in case of need and the case of Kamal Narain Addikari v. Raja Jotindra Mohun Roy 8 C.W.N. 376 relied on by Mr. Osborne is not when examined an authority against this jurisdiction. Whether the order made was or was not the best that could have been made is not a question which I have to consider.

3. I dismiss the petitions.


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