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In Re: Petition of Dinendro Nath Shanial - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1882)ILR8Cal851
AppellantIn Re: Petition of Dinendro Nath Shanial
Excerpt:
- mcdonell, j.1. we are of opinion that the provisions of section 47 of the code of criminal procedure, as amended by section 6 of act xi of 1874, are wide enough to empower the magistrate of the district to withdraw a case falling under section 491 of the same code.2. were it otherwise, it is not suggested, and we are unable to see, that the person concerned has been in any way prejudiced by the course which has been taken; and we think that this reference in the matter of an interlocutory order was unnecessary in the interests of justice.
Judgment:

McDonell, J.

1. We are of opinion that the provisions of Section 47 of the Code of Criminal Procedure, as amended by Section 6 of Act XI of 1874, are wide enough to empower the Magistrate of the District to withdraw a case falling under Section 491 of the same Code.

2. Were it otherwise, it is not suggested, and we are unable to see, that the person concerned has been in any way prejudiced by the course which has been taken; and we think that this reference in the matter of an interlocutory order was unnecessary in the interests of justice.


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