Emperor Vs. Goda Ram

Emperor vs Goda Ram

Type Court Judgment Court Allahabad Decided Jul 11, 1917

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Citation: sooperkanoon.com/470189
Court: Allahabad
Judge: George Knox, C.J.
Decided On: Jul 11, 1917
Subject: Criminal

Case Summary

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

Criminal Procedure Code (Act V of 1898), Section 215 - Commitment, order of, quashing of--High Court, power of--Point of law. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Emperor

Respondent

Goda Ram

Legal References

Reported In: AIR1918All296(1); 43Ind.Cas.800

Excerpt

criminal procedure code (act v of 1898), section 215 - commitment, order of, quashing of--high court, power of--point of law. - george knox, c.j.1. goda ram has been committed to the court of session for trial on a charge under sections 309, 307, or 324 of the indian penal code. the learned sessions judge says in his order of reference that there is no evidence to support, the charge of attempting to murder, and he, therefore, recommends that the order of commitment be set aside. there is evidence on the record which supports the charge under section 324 and that offence is triable by a court of session. commitments can be quashed only on a point of law; vide section 215, criminal procedure code, the commitment, as pointed out by mr. justice heaton in the case of emperor v. suleman ibrahim nakhuda 10 ind. cas. 802 : 13 bom. l.r. 201 : 12 cr. l.j. 256, may be convenient or may be indiscreet, but the high court is concerned only with the question of legality. the order of commitment will, therefore, stand. with this answer the record will be sent back to the lower court.

Full Judgment

George Knox, C.J.

1. Goda Ram has been committed to the Court of Session for trial on a charge under Sections 309, 307, or 324 of the Indian Penal Code. The learned Sessions Judge says in his order of reference that there is no evidence to support, the charge of attempting to murder, and he, therefore, recommends that the order of commitment be set aside. There is evidence on the record which supports the charge under Section 324 and that offence is triable by a Court of Session. Commitments can be quashed only on a point of law; vide Section 215, Criminal Procedure Code, The commitment, as pointed out by Mr. Justice Heaton in the case of Emperor v. Suleman Ibrahim Nakhuda 10 Ind. Cas. 802 : 13 Bom. L.R. 201 : 12 Cr. L.J. 256, may be convenient or may be indiscreet, but the High Court is concerned only with the question of legality. The order of commitment will, therefore, stand. With this answer the record will be sent back to the lower Court.

Same Parties Emperor vs Goda Ram Same Subject Criminal Same Judge George Knox, C.J.

Criminal