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Addala Yerrivadu Vs. the District Magistrate of Vizagapatam - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in14Ind.Cas.600
AppellantAddala Yerrivadu
RespondentThe District Magistrate of Vizagapatam
Excerpt:
criminal procedure code (act v of 1898), sections 341, 562 - penal code (act xlv of 1860), section 301a--power of magistrate to pass order under section 562, criminal procedure code, on conviction under section 304a, indian penal code--reference to high court. - order1. the accused has been convicted of an offence under section 304a. of the indian penal code, and the magistrate has also passed an order under section 562, criminal procedure code. in making this order, he exceeded his powers under the code. under section 341, he should, on convicting the accused, have merely reported the case for the orders of the high court, leaving it to pass final orders.2. we, however, think that the order made is, in substance, a suitable order. we, therefore, set aside the order of the magistrate as made without jurisdiction, and, under section 341, we pass an order in the same terms as his order.
Judgment:
ORDER

1. The accused has been convicted of an offence under Section 304A. of the Indian Penal Code, and the Magistrate has also passed an order under Section 562, Criminal Procedure Code. In making this order, he exceeded his powers under the Code. Under Section 341, he should, on convicting the accused, have merely reported the case for the orders of the High Court, leaving it to pass final orders.

2. We, however, think that the order made is, in substance, a suitable order. We, therefore, set aside the order of the Magistrate as made without jurisdiction, and, under Section 341, we pass an order in the same terms as his order.


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