Skip to content


Hiraman De Vs. Ram Kumar Ain - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1891)ILR18Cal186
AppellantHiraman De
RespondentRam Kumar Ain
Cases ReferredEmpress v. Shere Singh I.L.R.
Excerpt:
practice - reference to high court--district magistrate, competency of, to refer--criminal procedure code (act x of 1882), section 438. - prinsep, j.1. we decline to consider this reference as a court of revision. the sessions judge as the court of appeal has rejected the appeal, and the district magistrate has afterwards, notwithstanding the finality of that order by a superior court, raised the objection as to the jurisdiction of the subordinate magistrate. an objection in this form is not sustainable. if the district magistrate is inclined to move further in the matter, he should proceed through the legal remembrancer.2. we would direct his attention to the observations of straight, j., in queen-empress v. shere singh i.l.r. 9 all. 362.3. the district magistrate not being competent to refer such a case under section 438 had no authority to admit the accused to bail. he should therefore be remitted to jail.
Judgment:

Prinsep, J.

1. We decline to consider this reference as a Court of Revision. The Sessions Judge as the Court of Appeal has rejected the appeal, and the District Magistrate has afterwards, notwithstanding the finality of that order by a superior Court, raised the objection as to the jurisdiction of the Subordinate Magistrate. An objection in this form is not sustainable. If the District Magistrate is inclined to move further in the matter, he should proceed through the Legal Remembrancer.

2. We would direct his attention to the observations of Straight, J., in Queen-Empress v. Shere Singh I.L.R. 9 All. 362.

3. The District Magistrate not being competent to refer such a case under Section 438 had no authority to admit the accused to bail. He should therefore be remitted to jail.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //