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Queen-empress Vs. Atar Ali - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1885)ILR11Cal79
AppellantQueen-empress
RespondentAtar Ali
Excerpt:
false charge - compoundable offence--discharge of accused charged under section 211, indian penal code, upon plea of original charge having been compounded--act xlv of 1860 (indian penal code), sections 211, 342 and 347--act x of 1882 (criminal procedure code), section 345. - wilson, j.1. we agree with the district magistrate in thinking that the order of the deputy magistrate is illegal, on the ground that the compounding of the original charge was not a conclusive answer to the charge under section 211. the order will be set aside, and the case will proceed before such magistrate as the district magistrate may direct.2. the other point raised by the district magistrate we think it unnecessary to deal with upon this reference.
Judgment:

Wilson, J.

1. We agree with the District Magistrate in thinking that the order of the Deputy Magistrate is illegal, on the ground that the compounding of the original charge was not a conclusive answer to the charge under Section 211. The order will be set aside, and the case will proceed before such Magistrate as the District Magistrate may direct.

2. The other point raised by the District Magistrate we think it unnecessary to deal with upon this reference.


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