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Nanjappa Goundan Vs. Periakkal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Case NumberCriminal Revn. Case No. 573 and Cri. Revn. Petn. No. 546 of 1950
Judge
Reported inAIR1951Mad772a
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 253 and 435
AppellantNanjappa Goundan
RespondentPeriakkal
Advocates:N.S. Mani, Adv.;Public Prosecutor
Cases ReferredKaruppiah Ambalam v. Audiappa Servai
Excerpt:
- .....order of discharge by the ct. of first instance is restored......
Judgment:
ORDER

Govinda Memon, J.

1. The learned Addl. Ses. J. has no jurisdiction, in setting aside an order of discharge, to direct that a charge be framed against the present petr. All that the Ses. J. has got the right to do is to direct a further enquiry, so that the Ct. which hears the case afresh has to take evidence & come to a conclusion as to whether there is enough evidence to frame a charge or not. If it is a case which is to be tried exclusively by a Sessions Ct., then the learned Addl. Ses. J. would be justified in framing a charge & directing a committal. But this is not a case exclusively triable by a Sessions Ct., & the direction to frame a charge is, therefore, not legal: vide Karuppiah Ambalam v. Audiappa Servai, : AIR1950Mad462 . On the merits too, I do not think that this is a case in which a further enquiry is necessary. The order directing a further enquiry is set aside & the order of discharge by the Ct. of first instance is restored.


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