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In Re: N. Ponnusamy Nadan and Fifteen ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1913)ILR36Mad470
AppellantIn Re: N. Ponnusamy Nadan and Fifteen ors.
Excerpt:
criminal procedure code (act v of 1898), section 349 - 'shall pass such order as he thinks fit,' meaning of. - order1. we agree with the district magistrate a view that the sub-divisional magistrate to whom the case was referred by the sub-magistrate was bound to dispose of the case himself and that he had no power to send the case back to the sub-magistrate for disposal. the provision in clause ii of section 349 of the criminal procedure code that the magistrate to whom the proceedings are submitted may pass such order as he thinks fit, means when taken in conjunction with the words immediately preceding, viz., 'judgment' and 'sentence' that he may pass such other final order disposing of the case as he may think fit. we sat aside the conviction of the accused by the sub-magistrate and direct the sub-divisional magistrate to dispose of the case himself.
Judgment:
ORDER

1. We agree with the District Magistrate a view that the Sub-Divisional Magistrate to whom the case was referred by the Sub-Magistrate was bound to dispose of the case himself and that he had no power to send the case back to the Sub-Magistrate for disposal. The provision in clause II of Section 349 of the Criminal Procedure Code that the Magistrate to whom the proceedings are submitted may pass such order as he thinks fit, means when taken in conjunction with the words immediately preceding, viz., 'judgment' and 'sentence' that he may pass such other final order disposing of the case as he may think fit. We sat aside the conviction of the accused by the Sub-Magistrate and direct the Sub-Divisional Magistrate to dispose of the case himself.


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