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Bradley Vs. Jameson - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1882)ILR8Cal580
AppellantBradley
RespondentJameson
Cases ReferredGopi Mohun Mullick v. Taramoni Chowdrani I.L.R.
Excerpt:
criminal procedure code (act x of 1872), sections 297 and 518 - injunction--review of order--revival of order which has been quashed--high court, superintendence of--reference--charter act, 24 and 25 vict., clause 104, section 15. - cunningham, j.1. we think that the magistrate, having, on the 25th august 1881, set aside his order of june 7th, 1881, and struck the case off the file, had no power to revive it (without a fresh proceeding) by his order of 6th september, and that he had no power, under section 518 of the criminal procedure code, to pass a perpetual injunction: see gopi mohun mullick v. taramoni chowdrani i.l.r. 5 cal. 7. orders under section 518 not being judicial proceedings, we have no power to deal with the present case under section 297; but we infer from the judgment in in the matter of the petition of chunder nath sen i.l.r., 2 cal., 293, that the order being, in our opinion, illegal, we can deal with it under the charter. we, therefore, set it aside.
Judgment:

Cunningham, J.

1. We think that the Magistrate, having, on the 25th August 1881, set aside his order of June 7th, 1881, and struck the case off the file, had no power to revive it (without a fresh proceeding) by his order of 6th September, and that he had no power, under Section 518 of the Criminal Procedure Code, to pass a perpetual injunction: see Gopi Mohun Mullick v. Taramoni Chowdrani I.L.R. 5 Cal. 7. Orders under Section 518 not being judicial proceedings, we have no power to deal with the present case under Section 297; but we infer from the judgment in In the matter of the Petition of Chunder Nath Sen I.L.R., 2 Cal., 293, that the order being, in our opinion, illegal, we can deal with it under the Charter. We, therefore, set it aside.


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