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Azem Ali Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in48Ind.Cas.687a
AppellantAzem Ali
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898) section 190(1)(c) - magistrate taking cognizance of offence, whether can hold inquiry preliminary to commitment. - 1. this rule is based upon an application for transfer. even if it had to be held that the magistrate took cognizance under the provisions of section 190(1)(c), criminal procedure code, still that is no bar to the magistrate holding an enquiry preliminary to commitment. we have read the magistrate's explanation and we can find no reason to think that the petitioner will not be accorded a full and fair hearing before that officer. this rule is discharged.
Judgment:

1. This Rule is based upon an application for transfer. Even if it had to be held that the Magistrate took cognizance under the provisions of Section 190(1)(c), Criminal Procedure Code, still that is no bar to the Magistrate holding an enquiry preliminary to commitment. We have read the Magistrate's explanation and we can find no reason to think that the petitioner will not be accorded a full and fair hearing before that officer. This Rule is discharged.


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