Nedaram Thakur Vs. Joonab and ors. - Court Judgment
|Judge||Ghose and ;Hill, JJ.|
|Respondent||Joonab and ors.|
|Cases Referred|| and Kottalanada v. Muthaya I.L.R.|
cattle trespass act (iof 1871), sections 20 to 23 - criminal procedure code(act x of 1882), section 4 (p), and chapter xxii--illegal seizure of cattle--offence--summary trial. - ghose and hill, jj.1. it appears to us that the view taken by the madras court in pitchi v. ankappa i.l.r. 9 mad. 102 and kottalanada v. muthaya i.l.r. 9 mad. 374 is correct, and that it was therefore not competent to the magistrate to try the case under chapter xxii of the criminal procedure code. but we do not think it is a case in which we ought to interfere, as the defendants have had an adequate trial, and the cattle trespass act (i of 1871) does not prescribe any particular procedure.
Ghose and Hill, JJ.
1. It appears to us that the view taken by the Madras Court in Pitchi v. Ankappa I.L.R. 9 Mad. 102 and Kottalanada v. Muthaya I.L.R. 9 Mad. 374 is correct, and that it was therefore not competent to the Magistrate to try the case under Chapter XXII of the Criminal Procedure Code. But we do not think it is a case in which we ought to interfere, as the defendants have had an adequate trial, and the Cattle Trespass Act (I of 1871) does not prescribe any particular procedure.