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Public Prosecutor Vs. Salma Beevi - Court Judgment

LegalCrystal Citation
Subject Criminal
CourtChennai
Decided On
Reported inAIR1941Mad579
AppellantPublic Prosecutor
RespondentSalma Beevi
Excerpt:
- orderlakshmana rao, j.1. the trial in the sessions court commences only after the charge is read over and the accused claims to be tried, and the preliminary objection that the proper remedy is an appeal against the order of the assistant sessions judge cannot be upheld. on the merits, the complaint of the respondent was referred by the police and she did not appear before the magistrate. there was no proceeding in any court and the view of the assistant sessions judge that a complaint by the magistrate is necessary for the prosecution of the respondent under section 211, penal code, in respect of a cognizable offence is untenable. the order of discharge is therefore set aside and the assistant sessions judge will proceed with the case in accordance with law.
Judgment:
ORDER

Lakshmana Rao, J.

1. The trial in the Sessions Court commences only after the charge is read over and the accused claims to be tried, and the preliminary objection that the proper remedy is an appeal against the order of the Assistant Sessions Judge cannot be upheld. On the merits, the complaint of the respondent was referred by the police and she did not appear before the Magistrate. There was no proceeding in any Court and the view of the Assistant Sessions Judge that a complaint by the Magistrate is necessary for the prosecution of the respondent under Section 211, Penal Code, in respect of a cognizable offence is untenable. The order of discharge is therefore set aside and the Assistant Sessions Judge will proceed with the case in accordance with law.


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