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King-emperor Vs. Krishnayya

King-emperor vs Krishnayya

Type Court Judgment Court Chennai Decided Nov 25, 1901
~2 min read
https://sooperkanoon.com/case/789315

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

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

Criminal Procedure Code - Act V of 1888, Section 421--Summary dismissal of appeal--Judgment. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

King-emperor

Respondent

Krishnayya

Legal References

Cases Referred
Empress v. Nannhu I.L.R.
Reported In
(1902)ILR25Mad534

Excerpt

criminal procedure code - act v of 1888, section 421--summary dismissal of appeal--judgment. - 1. the sessions judge will be informed that there is nothing in the code of criminal procedure which requires a court, when dismissing an appeal summarily under section 421 of that code to write a judgment in conformity with the provisions of section 367. this has been so decided by all the high courts, by this court in proceedings of the madras high court, dated 18th april 1883 weir's crl. rul. p. 1009, and by the other high courts in the cases of bash behari das v. balgopal singh i.l.r. 21 calc. 92 queen-empress v. warubai i.l.r. 20 bom. 540 and queen-empress v. nannhu i.l.r. 17 all. 241.2. in the last-mentioned case the full bench decided that it was advisable for the court to state its reasons in view of the possibility of a petition for revision.3. there is nothing in rule no. 7 of the rules printed at pages 167 to 175, criminal rules of practice, 1896, in conflict with the above decisions. the meaning of that rule is that, in all cases other than those dealt with under section 421, criminal procedure code, the reasons for the decision should be given. the rule as originally passed required such reasons only in oases where the judgment appealed against was modified or reversed, but it was pointed out that this was opposed to section 367 of the code and the rule was then amended in its present form.

Full Judgment

1. The Sessions Judge will be informed that there is nothing in the Code of Criminal Procedure which requires a Court, when dismissing an appeal summarily under Section 421 of that Code to write a judgment in conformity with the provisions of Section 367. This has been so decided by all the High Courts, by this Court in Proceedings of the Madras High Court, dated 18th April 1883 Weir's Crl. Rul. p. 1009, and by the other High Courts in the cases of Bash Behari Das v. Balgopal Singh I.L.R. 21 Calc. 92 Queen-Empress v. Warubai I.L.R. 20 Bom. 540 and Queen-Empress v. Nannhu I.L.R. 17 All. 241.

2. In the last-mentioned case the Full Bench decided that it was advisable for the Court to state its reasons in view of the possibility of a petition for revision.

3. There is nothing in Rule No. 7 of the rules printed at pages 167 to 175, Criminal Rules of Practice, 1896, in conflict with the above decisions. The meaning of that rule is that, in all cases other than those dealt with under Section 421, Criminal Procedure Code, the reasons for the decision should be given. The rule as originally passed required such reasons only in oases where the judgment appealed against was modified or reversed, but it was pointed out that this was opposed to Section 367 of the Code and the rule was then amended in its present form.

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