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In Re: Kukati Narasa Reddi - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1915Mad330(2); 25Ind.Cas.629
AppellantIn Re: Kukati Narasa Reddi
Excerpt:
criminal procedure code (act v of 1898), sections 481(2), 537 - penal code (act xlv of 1860), section 228--offence--record must show stage of interruption--evidence --intention. - ordermiller, j.1. the district munsif should have complied with the provisions of section 481 (2)-of the code of criminal procedure, and though his failure to do so seems to be only an irregularity which may be cured by section 537 of the code, yet, in the present case, there is no evidence on the record from which it can be gathered what was the judicial proceeding or what was the stage of that proceeding which was interrupted.2. moreover, it seems very doubtful whether the evidence established the fact that the noise was intended to be an interruption of the court.3. i think, in the circumstances, the sessions judge's order cannot be said to be clearly wrong or to require interference.
Judgment:
ORDER

Miller, J.

1. The District Munsif should have complied with the provisions of Section 481 (2)-of the Code of Criminal Procedure, and though his failure to do so seems to be only an irregularity which may be cured by Section 537 of the Code, yet, in the present case, there is no evidence on the record from which it can be gathered what was the judicial proceeding or what was the stage of that proceeding which was interrupted.

2. Moreover, it seems very doubtful whether the evidence established the fact that the noise was intended to be an interruption of the Court.

3. I think, in the circumstances, the Sessions Judge's order cannot be said to be clearly wrong or to require interference.


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