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Emperor Vs. Ramjanam Singh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Reported inAIR1942Cal307
AppellantEmperor
RespondentRamjanam Singh
Excerpt:
- .....195, clause (5), criminal p.c., where a complaint is made, as in this case, under sub-section (1), clause (a), that complaint may be withdrawn by any authority to which the public servant who has made it, is subordinate. it seems clear therefore that the complaint which forms the subject-matter of this reference can be set aside by an authority other than this court, and in the circumstances we see no reason to exercise a jurisdiction which should more properly be exercised by another authority. the reference is accordingly rejected.lodge, j.3. i agree.
Judgment:

Bartley, J.

1. In our opinion this reference must be rejected. The learned Judge recommends that an order made by the Sub-Divisional Officer of Ranaghat summoning a certain person under Section 182, Penal Code, should be set aside by this Court.

2. Under Section 195, Clause (5), Criminal P.C., where a complaint is made, as in this case, under Sub-section (1), Clause (a), that complaint may be withdrawn by any authority to which the public servant who has made it, is subordinate. It seems clear therefore that the complaint which forms the subject-matter of this reference can be set aside by an authority other than this Court, and in the circumstances we see no reason to exercise a jurisdiction which should more properly be exercised by another authority. The reference is accordingly rejected.

Lodge, J.

3. I agree.


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