Sina Thana Navana Nachiappa Chetty Vs. M. Nachiappa Chettiar - Court Judgment
|Judge||Lakshmana Rao, J.|
|Reported in||171Ind.Cas.931; (1937)2MLJ902|
|Appellant||Sina Thana Navana Nachiappa Chetty|
|Respondent||M. Nachiappa Chettiar|
|Cases Referred|| and Emperor v. Corporal Allen|
criminal procedure code (act v of 1898), section 503 - issue of commission, to examine witness in burma--if can be issued. - .....rao, j.1. this is an application to revise an order of the district magistrate refusing to issue a commission for the examination of a witness in burma and the sole question for determination is whether the district magistrate has jurisdiction to issue the commission. section 503 of the code of criminal procedure does not empower the district magistrate to issue a commission for the examination of any witness beyond british india or the territories of any prince or chief in india, where there is an officer representing the british indian government: vide empress v. moorga chetty 5 bom. 338 and emperor v. corporal allen 10 cr.l.j. 571 : 4 ind. cas. 400 and it is not disputed that burma has ceased to be part of british india. the existence of magistrates in burma to whom.....
Lakshmana Rao, J.
1. This is an application to revise an order of the District Magistrate refusing to issue a commission for the examination of a witness in Burma and the sole question for determination is whether the District Magistrate has jurisdiction to issue the commission. Section 503 of the Code of Criminal Procedure does not empower the District Magistrate to issue a commission for the examination of any witness beyond British India or the territories of any Prince or Chief in India, where there is an officer representing the British Indian Government: vide Empress v. Moorga Chetty 5 Bom. 338 and Emperor v. Corporal Allen 10 Cr.L.J. 571 : 4 Ind. Cas. 400 and it is not disputed that Burma has ceased to be part of British India. The existence of Magistrates in Burma to whom commissions might issue, if permissible, under the Code of Criminal Procedure has no bearing and it follows that the District Magistrate has no power to issue the commission. The Revision petition, therefore, fails and is dismissed.