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In Re: Appu Goundan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1938Mad784; 175Ind.Cas.891; (1938)2MLJ43
AppellantIn Re: Appu Goundan
Excerpt:
- orderhorwill, j.1. i find no reason to interfere. a statement by an accused person that the offence committed by him is a more serious one, not triable by the magistrate, does not deprive the magistrate of jurisdiction unless the prosecution accept the truth of that statement or the magistrate is of opinion that it is true. as the accused was found in possession of wash, the presumption set out in section 64 operates and the accused is presumed to have committed an offence punishable under section 55 of act i of 1886.2. the criminal revision petition is dismissed.
Judgment:
ORDER

Horwill, J.

1. I find no reason to interfere. A statement by an accused person that the offence committed by him is a more serious one, not triable by the Magistrate, does not deprive the Magistrate of jurisdiction unless the prosecution accept the truth of that statement or the Magistrate is of opinion that it is true. As the accused was found in possession of wash, the presumption set out in Section 64 operates and the accused is presumed to have committed an offence punishable under Section 55 of Act I of 1886.

2. The Criminal Revision Petition is dismissed.


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