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Gourhari Gope Vs. Alay Gopini - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1902)ILR29Cal724
AppellantGourhari Gope
RespondentAlay Gopini
Cases ReferredBam Chandra Mistry v. Nobin Mirdha
Excerpt:
immoveable property - possession--order by subordinate magistrate restoring--appeal--jurisdiction--magistrate of first class specially empowered to heat appeals--consequential or incidental order--criminal procedure code (act v of 1898) sections 423, clause (d) and 522 and (act x of 1882) section 423. - .....appeal with reference to the order passed by the subordinate magistrate under section 522 of the code of criminal procedure.2. the magistrate exercising appellate powers was of opinion that he had no power to interfere with an order under section 522 under the ruling of this court in the case of bam chandra mistry v. nobin mirdha (1898) i. l. r. 25 calc. 630. that ruling is, however, obsolete, having reference to act x of 1882, the code of criminal procedure-then in force. clause (d) of section 423 of the present code of criminal procedure provides for the making by an appellate court of any consequential or incidental order that may be just or proper.3. the rule is made absolute.4. the case will go back to the appellate court to be dealt with as regards the order under section 522 of.....
Judgment:

Stevens and Harington, JJ.

1. This Rule was granted to show cause why a Magistrate of the first class specially empowered to hear appeals from Subordinate Magistrates should not be directed to hear this appeal with reference to the order passed by the Subordinate Magistrate under Section 522 of the Code of Criminal Procedure.

2. The Magistrate exercising appellate powers was of opinion that he had no power to interfere with an order under Section 522 under the ruling of this Court in the case of Bam Chandra Mistry v. Nobin Mirdha (1898) I. L. R. 25 Calc. 630. That ruling is, however, obsolete, having reference to Act X of 1882, the Code of Criminal Procedure-then in force. Clause (d) of Section 423 of the present Code of Criminal Procedure provides for the making by an Appellate Court of any consequential or incidental order that may be just or proper.

3. The Rule is made absolute.

4. The case will go back to the Appellate Court to be dealt with as regards the order under Section 522 of the Code of Criminal Procedure.


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