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In Re: Chunder Nath Sen and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1877)ILR2Cal293
AppellantIn Re: Chunder Nath Sen and anr.
Excerpt:
superintendence of high court - 24 and 25 vict., c. 104, section 15--order under criminal procedure code (act x of 1872), section 518. - richard garth, c.j.1. as the magistrate states that riot or affray was imminent, and that ho considered that the direction he gave tended to prevent, and was likely to prevent, a riot or affray, and as the facts stated by the magistrate show that there were some grounds for the opinion which he expressed, we think that lie had power, under section 518 of the criminal procedure code, to make the order complained of. this court, therefore, cannot interfere with it under section 15 of the statute 24 and 25 vict., cap. 104; nor can the court interfere on any other ground, as by section 520 the order made is declared not to be a judicial proceeding, however much it may infringe upon what are, or may be (irrespective of this section), the undoubted legal rights of the petitioners.
Judgment:

Richard Garth, C.J.

1. As the Magistrate states that riot or affray was imminent, and that ho considered that the direction he gave tended to prevent, and was likely to prevent, a riot or affray, and as the facts stated by the Magistrate show that there were some grounds for the opinion which he expressed, we think that lie had power, under Section 518 of the Criminal Procedure Code, to make the order complained of. This Court, therefore, cannot interfere with it under Section 15 of the Statute 24 and 25 Vict., cap. 104; nor can the Court interfere on any other ground, as by Section 520 the order made is declared not to be a judicial proceeding, however much it may infringe upon what are, or may be (irrespective of this section), the undoubted legal rights of the petitioners.


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