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The Corporation of Calcutta Vs. Bheecunram Napit Alias Bheecun Napit - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1877)ILR2Cal291
AppellantThe Corporation of Calcutta
RespondentBheecunram Napit Alias Bheecun Napit
high courts' criminal procedure act (x of 1875), section 147 - acquittal--presidency magistrates' act (iv of 1877), section 181--the calcutta municipal act (beng. act iv of 1876), section 75--79. - .....i would not exercise it in such a case as.....

Macpherson, J.

1. I am of opinion that Section 147 gives mo no power to grant this application. The object in fact is to appeal against an acquittal. But Section 147 does not provide for such an appeal. It contemplates the transfer of a case before disposal, or interference on behalf of persons aggrieved or injured by an order of the Magistrate. But there was no intention to give power to interfere in order to set aside an acquittal. It' it had been intended to give that remedy, it would, no doubt, have boon expressly given, as in the Criminal Procedure Code and in the Presidency Magistrates' Act, IV of 1877. One section of the lattor Act (Section 181) really shows that Section 147 was intended to apply only whore there has boon a conviction, for it makes notice to the Government prosecutor necessary before an application can be made under Section 147.

2. Even, however, if I had the power to interfere, I would not exercise it in such a case as this.

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