Skip to content


K.V. Venkataramanier and anr. Vs. Varadarajulu Chetty - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1938)2MLJ360
AppellantK.V. Venkataramanier and anr.
RespondentVaradarajulu Chetty
Excerpt:
- orderburn, j.1. i am unable to accept this reference. with all respect to king, j., i am unable to follow the reasoning in rajaratnam pillai in re : (1936)70mlj340 , criminal procedure code, is concerned with extra-judicial information, knowledge or suspicion and it has nothing (in my opinion) to do with knowledge gathered by a. magistrate in open court from the evidence of witnesses given during a trial. if a magistrate begins a trial as a summons case and then finds that an offence triable only under warrant case procedure has been committed, he is, i think, bound to apply warrant case procedure thenceforward and he is not in any way disqualified from proceeding with the trial. let the papers be returned and the case proceed.
Judgment:
ORDER

Burn, J.

1. I am unable to accept this reference. With all respect to King, J., I am unable to follow the reasoning in Rajaratnam Pillai In re : (1936)70MLJ340 , Criminal Procedure Code, is concerned with extra-judicial information, knowledge or suspicion and it has nothing (in my opinion) to do with knowledge gathered by a. Magistrate in open Court from the evidence of witnesses given during a trial. If a Magistrate begins a trial as a Summons Case and then finds that an offence triable only under Warrant Case procedure has been committed, he is, I think, bound to apply Warrant Case procedure thenceforward and he is not in any way disqualified from proceeding with the trial. Let the papers be returned and the case proceed.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //