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E.R. Logan Vs. S.W. Romer - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1911)ILR34Mad343
AppellantE.R. Logan
RespondentS.W. Romer
Excerpt:
justices of the peace, powers of, in trials of european british subjects. - .....the limits of british india, shall have in proceedings against european british subjects all the powers conferred by the code of criminal procedure of 1898, upon magistrates of the first class who are justices of the peace and european british subjects.2. the only question, as we understand the present case, is what powers are conferred by the code of criminal procedure upon such magistrates. we think it is clear that they are the powers referred to in section 36 of the criminal procedure code as 'hereinafter respectively conferred upon them and specified in the third, schedule,' and styled 'ordinary powers,' and we think that the language of the notification cannot be read as including powers with which by virtue of section 37 of the code, a magistrate of the first class may be.....
Judgment:
ORDER

1. We think the conclusion arrived at in the order under reference is right. By virtue of Notification No. 2770-F.B. of the 14th July 1904, any person appointed Justice of the Peace in any country beyond the limits of British India, shall have in proceedings against European British subjects all the powers conferred by the Code of Criminal Procedure of 1898, upon Magistrates of the first class who are Justices of the Peace and European British subjects.

2. The only question, as we understand the present case, is what powers are conferred by the Code of Criminal Procedure upon such Magistrates. We think it is clear that they are the powers referred to in Section 36 of the Criminal Procedure Code as 'hereinafter respectively conferred upon them and specified in the third, schedule,' and styled 'ordinary powers,' and we think that the language of the notification cannot be read as including powers with which by virtue of Section 37 of the Code, a Magistrate of the first class may be invested by one or other of the authorities mentioned in that section.

3. The power to entertain complaints is not one of the ordinary powers of a First-class Magistrate.

4. The petition is dismissed.


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