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Misri Lal Vs. Lachmi NaraIn Bajpie - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1896)ILR23Cal350
AppellantMisri Lal
RespondentLachmi NaraIn Bajpie
Cases ReferredEmpress v. Abdul Rahiman I.L.R.
Excerpt:
criminal procedure code (act x of 1882), section 423 - power of appellate court--commitment to the court of sessions--offences triable exclusively by the court of sessions. - .....we, therefore, discharge the.....
Judgment:

Trevelyan and Beverley, JJ.

1. In this case the learned pleader for the petitioner does not appear in-support of the rule. The rule was granted on the authority of the decision of Mr. Justice Brodhurst in Queen-Empress v. Sukha I.L.R. 8 All. 14, in which he holds that the Appellate Court, acting under Section 423 of the Criminal Procedure Code, can only direct a committal in cases exclusively triable by the Court of Sessions. There is a contrary decision by two learned Judges of the Bombay High Court in the case of Queen-Empress v. Abdul Rahiman I.L.R. 16 Bom. 580 differing from Mr. Justice Brodhurst's decision. We prefer the Bombay authority, and we are of opinion that the words of the section are quite wide enough to warrant the Magistrate in doing what he has done here, and that the section is not limited to cases exclusively triable by the Court of Sessions. We, therefore, discharge the rule.


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