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Yalavarty Ankanna Vs. Pillameri Adribhotlu - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in73Ind.Cas.528
AppellantYalavarty Ankanna
RespondentPillameri Adribhotlu
Excerpt:
criminal trial - stay of trial pending decision of civil suit--proper procedure--criminal procedure code (act v of 1898), section 344--government of india act, 1915, (5 & 6 geo. v. c. 61),, section 107. - orderspencer, j.1. there is no appeal or petition pending in this court in this connection. this is not a cast for the exercise of the extraordinary powers of this court under section 107 of the government of india act. the petitioner may apply under section 344, criminal procedure code, to the sub-magistrate to postpone the trial before him pending: the decision of the civil court, and if he fails to get a reasonable order and he may then, ask this court to revise the order so passed, the petition is dismissed.
Judgment:
ORDER

Spencer, J.

1. There is no appeal or petition pending in this Court in this connection. This is not a cast for the exercise of the extraordinary powers of this Court under Section 107 of the Government of India Act. The petitioner may apply under Section 344, Criminal Procedure Code, to the Sub-Magistrate to postpone the trial before him pending: the decision of the Civil Court, and if he fails to get a reasonable order and he may then, ask this Court to revise the order so passed, the petition is dismissed.


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