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Emperor Vs. Narain

Emperor vs Narain

Type Court Judgment Court Allahabad Decided Feb 21, 1919
~1 min read
https://sooperkanoon.com/case/456264

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Citation
Court
Allahabad
Judge
Decided On
Subject
Criminal

Case Summary

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

Criminal Procedure Code, Section 188 - Act No. XLV of 1860 (Indian Penal Code), Section 363--Kidnapping from lawful guardianship--Offence committed outside British territory--Jurisdiction--Certificate of Political Agent. - - 1. After perusal of the order of reference made by the Sessions Judge I am satisfied that ...

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Emperor

Respondent

Narain

Legal References

Reported In
(1919)ILR61All452

Excerpt

criminal procedure code, section 188 - act no. xlv of 1860 (indian penal code), section 363--kidnapping from lawful guardianship--offence committed outside british territory--jurisdiction--certificate of political agent. - - 1. after perusal of the order of reference made by the sessions judge i am satisfied that this is a case in which the order of commitment should be quashed on a point of law.lindsay, j.1. after perusal of the order of reference made by the sessions judge i am satisfied that this is a case in which the order of commitment should be quashed on a point of law. the absence of the certificate of the political agent as required by section 188 of the code of criminal procedure is in this instance an absolute bar to the trial of this case. see queen-empress v. ram sundar (1896) i.l.r., 19 all., 109. i quash the commitment proceedings accordingly.

Full Judgment

Lindsay, J.

1. After perusal of the order of reference made by the Sessions Judge I am satisfied that this is a case in which the order of commitment should be quashed on a point of law. The absence of the certificate of the Political Agent as required by Section 188 of the Code of Criminal Procedure is in this instance an absolute bar to the trial of this case. See Queen-Empress v. Ram Sundar (1896) I.L.R., 19 All., 109. I quash the commitment proceedings accordingly.

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