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Ambalam Ibrahi and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
Decided On
Reported in47Ind.Cas.873
AppellantAmbalam Ibrahi and ors.
criminal procedure code (act v of 1898), section 554(2) (c) - criminal rules of practice, madras high court, rule 188--madras board of revenue standing order no. 173--application to tahsildar magistrate for copy of judgment--search fee, levy of, legality of. - .....procedure code.3. the magistrate is, therefore, directed to give the copy applied for without further.....

1. This must be taken as a petition of revision directed solely against the order of the Tahsildar Magistrate refusing to give a copy of the Magistrate's judgment, the refusal having been baaed on the ground that the petitioner ought to pay eight-annas search fees along with his application for copy under the Board's Standing Order No. ) 173.

2. The application for copy was made to the officer as a Magistrate (a Criminal Court) by an accused convicted by him and the Board's Standing Order has absolutely no relevancy to such an application. An application of that kind is governed by Rule 188 of the Criminal Rules of Practice framed by the High Court under the powers vested in the High Court by Section 554 Sub-section (2), Clause (c) of the Criminal Procedure Code.

3. The Magistrate is, therefore, directed to give the copy applied for without further delay.

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