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Binode Behari Nath Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1923Cal649,81Ind.Cas.149
AppellantBinode Behari Nath
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), sections 123, 193(2), interpretation of - sessions judge, transfer of reference by, to additional sessions judge--jurisdiction. - walmsley, j.1. this rule relates to a reference under the provisions of section 123 of the criminal procedure code. the sessions judge of the 24-pargannas transferred the hearing of the reference to the first additional sessions judge and the rule was obtained calling upon the district magistrate to show cause why that order of transfer should not be set aside on the ground that such references can be heard only by the sessions judge himself. mr. monnier, on behalf of the petitioner, has examined the criminal procedure code exhaustively, dealing with all the sections which he thinks have a bearing on the question. of the sections, no. 193, clause (2), seems to me most important, and i am not prepared to whittle it down in the manner which mr. monnier suggests. i do not see any reason why.....
Judgment:

Walmsley, J.

1. This Rule relates to a reference under the provisions of Section 123 of the Criminal Procedure Code. The Sessions Judge of the 24-Pargannas transferred the hearing of the reference to the First Additional Sessions Judge and the Rule was obtained calling upon the District Magistrate to show cause why that order of transfer should not be set aside on the ground that such references can be heard only by the Sessions Judge himself. Mr. Monnier, on behalf of the petitioner, has examined the Criminal Procedure Code exhaustively, dealing with all the sections which he thinks have a bearing on the question. Of the sections, No. 193, Clause (2), seems to me most important, and I am not prepared to whittle it down in the manner which Mr. Monnier suggests. I do not see any reason why it should not be interpreted in a liberal sense, and I think that the notification published bv the Government of Bengal, Circular Judicial No. 113 J.D. of the 19th of June 1910, purporting to he an order under Clause (2) of Section 193 of the Criminal Procedure Code, does authorise the Sessions Judge to transfer such cases to the Additional Sessions Jiidge for disposal. I, therefore, think' that the First Additional Sessions Judge has jurisdiction to hear the reference, The Rule is accordingly discharged. Let the record be returned to the lower Court at once.

Chotzner, J.

2. I agree.


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