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Newaj Ali Molla Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in118Ind.Cas.368
AppellantNewaj Ali Molla
RespondentEmperor
Cases ReferredAzimaddy v. Emperor
Excerpt:
criminal procedure code (act v of 1898), section 162 - section not applicable to accused. - .....of this court in the case of azimaddy v. emperor : air1927cal17 in which it has been held that the section applies to witnesses and not to the accused under trial. this being our opinion, the rule must be discharged. the petitioner, if on bail, must surrender and serve out the rest of his.....
Judgment:

1. The foundation of the petitioner's contention in this case is the proposition that the word 'person' in Section 162 of the Code of Criminal Procedure includes the accused concerned in the case in respect of which investigation is being held under Chap. XIV of the Code. It is well-known that so far as this matter is concerned the decisions are not uniform. There are difficulties in accepting either view; but having given the matter all the consideration that we can, we are inclined to follow the decision of this Court in the case of Azimaddy v. Emperor : AIR1927Cal17 in which it has been held that the section applies to witnesses and not to the accused under trial. This being our opinion, the Rule must be discharged. The petitioner, if on bail, must surrender and serve out the rest of his sentence.


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