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Chemikkala Chinna Bali and anr. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported inAIR1916Mad1168(1); 31Ind.Cas.176a
AppellantChemikkala Chinna Bali and anr.
RespondentEmperor
Excerpt:
criminal law - procedure--notice to police inspector in charge of case, before disposing of it, necessity of. - t.n. district police act, 1859 [act no. 24/1859]. section 10 & tamil nadu special police subordinate service rules, rule 14(b), clause (iv) explanation (1); [a.p. shah,c.j., f.m. ibrajhim kalifulla & v. ramasubramanian, jj] rule 14(b),ci.(iv) explanation (1) providing that a person acquitted or discharged on benefit of doubt shall be treated as person involved in criminal case - validity being questioned - held, the impugned rule 14(b) ci.(iv) explanation (1) has been issued in exercise of the power conferred upon the government under the tamil nadu district police act, the criminal city police act and the proviso to article 309 of the constitution., the rule is not assailed on.....orderseshagiri aiyar, j.1. the conviction is clearly wrong. as pointed out by this court on a previous occasion, the magistrate was bound to give notice to the police inspector in charge of the case before disposing of it.2. the conviction is set aside. i direct the magistrate to re-hear the appeal after giving notice to the inspector.
Judgment:
ORDER

Seshagiri Aiyar, J.

1. The conviction is clearly wrong. As pointed out by this Court on a previous occasion, the Magistrate was bound to give notice to the Police Inspector in charge of the case before disposing of it.

2. The conviction is set aside. I direct the Magistrate to re-hear the appeal after giving notice to the Inspector.


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