Emperor Vs. Nathi Mal

Emperor vs Nathi Mal

Type Court Judgment Court Allahabad Decided May 27, 1914

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https://sooperkanoon.com/case/461459

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Citation: sooperkanoon.com/461459
Court: Allahabad
Judge: Piggott, J.
Decided On: May 27, 1914
Subject: Criminal

Case Summary

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

Criminal Procedure Code, Section 528 - Transfer--Effect of appointment of a Magistrate to be chairman of a municipal board. - - The order complained of cannot be sustained.

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Emperor

Respondent

Nathi Mal

Legal References

Reported In: (1914)ILR36All513

Excerpt

criminal procedure code, section 528 - transfer--effect of appointment of a magistrate to be chairman of a municipal board. - - the order complained of cannot be sustained.piggott, j.1. the district magistrate of cawnpore has for certain reasons given in his order transferred a criminal case pending in the court of mr. j. n. g. johnston, joint magistrate of cawnpore, for trial by mr. r. h. williamson, chairman of municipal board, cawnpore. i have no doubt that when mr. r. h. williamson was gazetted to the office of chairman of the municipal board, and took charge of that office, he was thereby divested of his territorial jurisdiction as magistrate, lst class, attached to the cawnpore district. even if it could be contended that mr. williamson continued to be a magistrate of some sort while holding the office of chairman, municipal board, i am quite clear that he is not a magistrate subordinate to the district magistrate. the order complained of cannot be sustained. it is therefore set aside.

Full Judgment

Piggott, J.

1. The District Magistrate of Cawnpore has for certain reasons given in his order transferred a criminal case pending in the court of Mr. J. N. G. Johnston, Joint Magistrate of Cawnpore, for trial by Mr. R. H. Williamson, chairman of municipal board, Cawnpore. I have no doubt that when Mr. R. H. Williamson was gazetted to the office of chairman of the municipal board, and took charge of that office, he was thereby divested of his territorial jurisdiction as magistrate, lst class, attached to the Cawnpore district. Even if it could be contended that Mr. Williamson continued to be a magistrate of some sort while holding the office of chairman, municipal board, I am quite clear that he is not a magistrate subordinate to the District Magistrate. The order complained of cannot be sustained. It is therefore set aside.

Same Parties Emperor vs Nathi Mal Same Subject Criminal Same Judge Piggott, J.

Criminal