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Muthia Naik and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1918Mad413; 43Ind.Cas.592
AppellantMuthia Naik and ors.
RespondentEmperor
Cases ReferredChandra Kumar Das v. Emperor
Excerpt:
criminal procedure code (act v of 1898), section 345 - composition with one accused, effect of. - order1. petitioner's vakil contends that the composition of an offence under section 345 of the code of criminal procedure with one of several accused persons has the effect of an acquittal of all the accused persons. we can find nothing in the section to support this interpretation and if this is really the meaning of the learned judges in chandra kumar das v. emperor 7. c.w.n. 176, we must respectfully dissent. no other authority is quoted by petitioner.2. the petition is dismissed.
Judgment:
ORDER

1. Petitioner's Vakil contends that the composition of an offence under Section 345 of the Code of Criminal Procedure with one of several accused persons has the effect of an acquittal of all the accused persons. We can find nothing in the section to support this interpretation and if this is really the meaning of the learned Judges in Chandra Kumar Das v. Emperor 7. C.W.N. 176, we must respectfully dissent. No other authority is quoted by petitioner.

2. The petition is dismissed.


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