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In Re: Chillashi Nanu Nair and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in2Ind.Cas.425
AppellantIn Re: Chillashi Nanu Nair and ors.
Cases Referred and Aiyakannu Pillay v. Emperor
Excerpt:
criminal procedure code (act v of 1898), section 476 - order under the section must show that it was part of proceedings in the trial--jurisidction. - 1. in the absence of any-thing to show that the magistrate's order under section 476, criminal procedure code, was part of the proceedings in the trial in which the alleged offence was committed, we are bound by the decision of the pull bench in rahimadulla sahib v. emperor 31 m.k 140 and aiyakannu pillay v. emperor 32 m.k 49 : (1909) 1 ind. cas. 597 and must hold that the order was made without jurisdiction. we set it aside.
Judgment:

1. In the absence of any-thing to show that the Magistrate's order under Section 476, Criminal Procedure Code, was part of the proceedings in the trial in which the alleged offence was committed, we are bound by the decision of the Pull Bench in Rahimadulla Sahib v. Emperor 31 M.K 140 and Aiyakannu Pillay v. Emperor 32 M.K 49 : (1909) 1 Ind. Cas. 597 and must hold that the order was made without jurisdiction. We set it aside.


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