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In Re: Latchumana Talavan and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.807
AppellantIn Re: Latchumana Talavan and ors.
Cases Referred and Paramasiva Pillai v. Emperor
Excerpt:
criminal procedure code (act v of 1898), section 106 - convicting court--second class magistrate--direction to execute bond in appeal--illegal. - order1. the order of the deputy magistrate in appeal directing the execution of a bond tinder section 106, criminal procedure code, is illegal as the convicting court was a 2nd class magistrate and, therefore, not a magistrate who could make an order under that section; muthiah chetti v. emperor 29 m. 190 : 3 cri. l.j. 461 and paramasiva pillai v. emperor 30 m. 48 : 1 m.l.t. 403 : 5 cri. l.j. 88. we, therefore, set aside this order of the deputy magistrate.
Judgment:
ORDER

1. The order of the Deputy Magistrate in appeal directing the execution of a bond tinder Section 106, Criminal Procedure Code, is illegal as the convicting Court was a 2nd Class Magistrate and, therefore, not a Magistrate who could make an order under that section; Muthiah Chetti v. Emperor 29 M. 190 : 3 Cri. L.J. 461 and Paramasiva Pillai v. Emperor 30 M. 48 : 1 M.L.T. 403 : 5 Cri. L.J. 88. We, therefore, set aside this order of the Deputy Magistrate.


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