Tota Ram Vs. Emperor

Tota Ram vs Emperor

Type Court Judgment Court Allahabad Decided Feb 22, 1909

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Citation: sooperkanoon.com/466725
Court: Allahabad
Judge: Aikman, J.
Decided On: Feb 22, 1909
Subject: Criminal

Case Summary

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

Criminal Procedure Code (Act V of 1898), Sections 195 and 476 - Offences committed in suit before Assistant Collector--Prosecution directed by District Magistrate--Illegality. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Tota Ram

Respondent

Emperor

Legal References

Reported In: 1Ind.Cas.220

Excerpt

criminal procedure code (act v of 1898), sections 195 and 476 - offences committed in suit before assistant collector--prosecution directed by district magistrate--illegality. - aikman, j.1. this is an application for the revision of an order of the district magistrate of dehra dun, directing the prosecution of the applicant for offences under sections 193, 465 and 471 of the indian penal code. the offences are alleged to have been committed by the applicant as plaintiff in a suit for profits brought under the provisions of the tenancy act in the court of an assistant collector of the first class. in my opinion the order of the district magistrate was entirely without jurisdiction and cannot be justified either under section 195 or 476 of the code of criminal procedure. i quash the order of the district magistrate dated the 2nd of november 1908. any proceeding instituted against the applicant under that order must be dropped.

Full Judgment

Aikman, J.

1. This is an application for the revision of an order of the District Magistrate of Dehra Dun, directing the prosecution of the applicant for offences under Sections 193, 465 and 471 of the Indian Penal Code. The offences are alleged to have been committed by the applicant as plaintiff in a suit for profits brought under the provisions of the Tenancy Act in the Court of an Assistant Collector of the first Class. In my opinion the order of the District Magistrate was entirely without jurisdiction and cannot be justified either under Section 195 or 476 of the Code of Criminal Procedure. I quash the order of the District Magistrate dated the 2nd of November 1908. Any proceeding instituted against the applicant under that order must be dropped.

Same Parties Tota Ram vs Emperor Same Subject Criminal Same Judge Aikman, J.

Criminal District Magistrate criminal procedure First class penal code