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Nallaya Naick and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in51Ind.Cas.847
AppellantNallaya Naick and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 526 - transfer of case--stopping cross-examination of complainant, whether ground for transfer--criminal, trial--court, duty of. - ordersadasiva aiyar, j.1. the convictions and sentences cannot be upheld. the amin (6th accused) has to obey the clear directions found in hid delivery warrant and not to be looking in to exhibit c offered for his inspection and then to slolve a diffcult question of law, whether his superior officer might not have committed a mistake in issuing a delivery warrant in wider terms than was legally justifiable.2. the other accused assisted the amin in doings his duty and could not be convicted of criminal trespass or charged with illegal and dishonest intentions.3. the convictions are set aside and the fines, if paid, will be fefunded.
Judgment:
ORDER

Sadasiva Aiyar, J.

1. The Convictions and sentences cannot be upheld. The Amin (6th accused) has to obey the clear directions found in hid delivery warrant and not to be looking in to Exhibit C offered for his inspection and then to slolve a diffcult question of law, Whether his superior officer might not have committed a mistake in issuing a delivery warrant in wider terms than was legally justifiable.

2. The other accused assisted the Amin in doings his duty and could not be convicted of criminal trespass or charged with illegal and dishonest intentions.

3. The convictions are set aside and the fines, if paid, will be fefunded.


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