In Re: Subbaraya Chetti (Accused in Calendar Case No. 242 of 1915 on the File of R. Sarangapani, the Stationary Second-class Magistrate of Palladam) - Court Judgment

Excerpt:

criminal procedure code (act v of 1898), sections 110 and 167 - proceedings under section 110--power to remand under section 167. - ordertyabji, j.1. the magistrate's court had no power to remand the accused. section 167 of the criminal procedure code applies to proceedings under chapter xiv and not to those under section 110: emperor v. basya (1903) 5 bom. l.r. 27. the conviction is therefore set aside and the bail bonds cancelled.

Judgment:

ORDER

Tyabji, J.

1. The Magistrate's Court had no power to remand the accused. Section 167 of the Criminal Procedure Code applies to proceedings under Chapter XIV and not to those under Section 110: Emperor v. Basya (1903) 5 Bom. L.R. 27. The conviction is therefore set aside and the bail bonds cancelled.