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N. Pounusawmy Naidu and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in13Ind.Cas.110
AppellantN. Pounusawmy Naidu and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 349, clause 2 - case sent for disposal to higher magistrate--power of superior magistrate to send back case to former--'pass such order as he thinks fit,' meaning of. - order1. we agree with the district magistrate's 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 2 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 set 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's 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 2 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 set 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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