Emperor Vs. Ram Chandra

Emperor vs Ram Chandra

Type Court Judgment Court Allahabad Decided Dec 11, 1914

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https://sooperkanoon.com/case/451212

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Citation: sooperkanoon.com/451212
Court: Allahabad
Judge: Goerge Knox, J.
Decided On: Dec 11, 1914
Subject: Criminal

Case Summary

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

Criminal Procedure Code, section 345 - Compounding offence --Revision--Powers of High Court--Court not competent to allow composition in revision. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Emperor

Respondent

Ram Chandra

Legal References

Reported In: (1915)ILR37All127

Excerpt

criminal procedure code, section 345 - compounding offence --revision--powers of high court--court not competent to allow composition in revision. - goerge knox, j.1. the learned judge in making this reference appears to have overlooked the provisions of clause (7) of section 845 of the code of criminal procedure. this forbids the composition of an offence being accepted except as provided by section 345.2. section 345 specially allows a case in which an appeal is pending to be opened to composition with the leave of the court before which the appeal is to be heard, but in it there is no mention of cases which come up on revision, and similarly there is no provision made in section 439 of the coda as to applying the powers granted in section 345 to cases in revision. the recommendation of the judge, therefore, cannot be accepted. the accused person must submit to arrest and complete the sentence imposed upon him when he was convicted.3. let the record be returned.

Full Judgment

Goerge Knox, J.

1. The learned Judge in making this reference appears to have overlooked the provisions of Clause (7) of Section 845 of the Code of Criminal Procedure. This forbids the composition of an offence being accepted except as provided by Section 345.

2. Section 345 specially allows a case in which an appeal is pending to be opened to composition with the leave of the court before which the appeal is to be heard, but in it there is no mention of cases which come up on revision, and similarly there is no provision made in Section 439 of the Coda as to applying the powers granted in Section 345 to cases in revision. The recommendation of the Judge, therefore, cannot be accepted. The accused person must submit to arrest and complete the sentence imposed upon him when he was convicted.

3. Let the record be returned.

Same Parties Emperor vs Ram Chandra Same Subject Criminal Same Judge Goerge Knox, J.

Criminal