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SufferuddIn Vs. Ibrahim - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1878)ILR3Cal755
AppellantSufferuddin
Respondentibrahim
Excerpt:
jurisdiction - bench of magistrates--criminal procedure code (act x of 1878), sections 50, 530. - prinsep, j.1. in addition to the reasons stated by the sessions judge, we are of opinion that it was not competent to a bench of magistrates to deal with a case under section 530. a bench may be empowered under section 50 'to try such cases or such classes of cases only and within such limits as the government may direct.' the definition of the term 'trial' shows that it refers only to trials for offences, and not to miscellaneous matters such as those coming within section 530. so that in this view of the law also the order passed was illegal: it is accordingly set aside.
Judgment:

Prinsep, J.

1. In addition to the reasons stated by the Sessions Judge, we are of opinion that it was not competent to a Bench of Magistrates to deal with a case under Section 530. A Bench may be empowered under Section 50 'to try such cases or such classes of cases only and within such limits as the Government may direct.' The definition of the term 'trial' shows that it refers only to trials for offences, and not to miscellaneous matters such as those coming within Section 530. So that in this view of the law also the order passed was illegal: it is accordingly set aside.


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