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Nirbikar Chandra Mukherji Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in1Ind.Cas.78
AppellantNirbikar Chandra Mukherji
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 107, clause (2) - person not residing within district--district magistrate can take proceedings--subordinate magistrate cannot, even when directed by district magistrate to do so. - .....proceedings against the petitioner were without jurisdiction. it is not sufficient for the magistrate of a district to direct a, proceeding to be drawn up by a deputy magistrate against a parson residing in another jurisdiction. the law is that no such proceeding shall be taken before any magistrate other than a chief presidency magistrate or a district magistrate. if therefore proceeding under section 107 of the code of criminal procedure is necessary against a petitioner not residing in the district of howrah, that proceeding must take place and be brought to a conclusion before the district magistrate himself and before no other magistrate.2. the rule is accordingly made absolute and the order binding down the petitioner discharged.
Judgment:

1. No one appears against this Rule and upon the explanation of the Magistrate of Howrah, it is clear that the proceedings against the petitioner were without jurisdiction. It is not sufficient for the Magistrate of a District to direct a, proceeding to be drawn up by a Deputy Magistrate against a parson residing in another jurisdiction. The law is that no such proceeding shall be taken before any Magistrate other than a Chief Presidency Magistrate or a District Magistrate. If therefore proceeding under Section 107 of the Code of Criminal Procedure is necessary against a petitioner not residing in the District of Howrah, that proceeding must take place and be brought to a conclusion before the District Magistrate himself and before no other Magistrate.

2. The Rule is accordingly made absolute and the order binding down the petitioner discharged.


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