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In Re: Manku Bala Patil

Type Court Judgment Court Mumbai Decided Sep 30, 1914
~1 min read
https://sooperkanoon.com/case/338346

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Citation
Court
Mumbai
Judge
Decided On
Case Number
Criminal Appealication for Revision No. of 1914
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code (Act V of 1898), Section 476-Court-District Registrar.;A District Registrar is not, a Court within the meaning of Section 476 of the Criminal Procedure Code, 1898. - - that precisely the same practical result would be brought about by the presentation of a complaint of the offence to a Magi...

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Manku Bala Patil

Legal References

Reported In
AIR1914Bom202(1); (1914)16BOMLR946

Excerpt

criminal procedure code (act v of 1898), section 476-court-district registrar.;a district registrar is not, a court within the meaning of section 476 of the criminal procedure code, 1898. - - that precisely the same practical result would be brought about by the presentation of a complaint of the offence to a magistrate who has jurisdiction to inquire into it or by the district registrar as a magistrate proceeding under sub-section (1) clause (c), of section 190 of the criminal procedure code.1. we desire to point out to the district registrar in this case that he has no jurisdiction to make an order under section 476, because, as provided in section 195 of the criminal procedure code, the district registrar is not a 'court' and section 476 is so intimately connected with section 195 and is designed to serve a purpose so similar to that served by section 195 that we cannot doubt that what is declared not to be a ' court ' for the purpose of section 195 is also not a court for the purpose of section 476. we do not, however, interfere with the order for this reason; that precisely the same practical result would be brought about by the presentation of a complaint of the offence to a magistrate who has jurisdiction to inquire into it or by the district registrar as a magistrate proceeding under sub-section (1) clause (c), of section 190 of the criminal procedure code.

Full Judgment

1. We desire to point out to the District Registrar in this case that he has no jurisdiction to make an order under Section 476, because, as provided in Section 195 of the Criminal Procedure Code, the District Registrar is not a 'Court' and Section 476 is so intimately connected with Section 195 and is designed to serve a purpose so similar to that served by Section 195 that we cannot doubt that what is declared not to be a ' Court ' for the purpose of Section 195 is also not a Court for the purpose of Section 476. We do not, however, interfere with the order for this reason; that precisely the same practical result would be brought about by the presentation of a complaint of the offence to a Magistrate who has jurisdiction to inquire into it or by the District Registrar as a Magistrate proceeding under Sub-section (1) Clause (c), of Section 190 of the Criminal Procedure Code.

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