NaraIn Vs. Emperor

Narain vs Emperor

Type Court Judgment Court Allahabad Decided Feb 21, 1919

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Citation: sooperkanoon.com/476378
Court: Allahabad
Judge: Lindsay, J.
Decided On: Feb 21, 1919
Subject: Miscellaneous

Case Summary

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

Criminal Procedure Code (Act V of 1898), Section 188 - Penal Code (Act XLV of 1860), Sections 363, 368--Native State, offence committed in--Jurisdiction of British Courts--Certificate of Political Agent, absence of, effect of--Kidnapping, whether continuing offence. - - 1. After perusal of the order of reference m...

Key legal issue: Miscellaneous

Parties & Advocates

Appellant / Petitioner

Narain

Respondent

Emperor

Legal References

Cases Referred: Empress v. Ram Sundar
Reported In: 50Ind.Cas.164

Excerpt

criminal procedure code (act v of 1898), section 188 - penal code (act xlv of 1860), sections 363, 368--native state, offence committed in--jurisdiction of british courts--certificate of political agent, absence of, effect of--kidnapping, whether continuing offence. - - 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 19 a. 109 : a.w.n. (1896) 196 : 9 ind. dec. (n.s.) 71. 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 19 A. 109 : A.W.N. (1896) 196 : 9 Ind. Dec. (N.S.) 71. I quash the commitment proceedings accordingly.

Same Parties Narain vs Emperor Same Subject Miscellaneous Same Judge Lindsay, J.

Miscellaneous